QUESTION

What should I do if my H1B expired and we're thinking of getting married?

Asked on Jan 30th, 2015 on Immigration - New York
More details to this question:
I have lived for 7 years with an H1B in the US. When my status expired, and having not applied for a green card when I could, I stayed. This was two years ago. Since then I have worked as a freelancer, paid taxes and my drivers license hasn't expired. Now I have an American girlfriend and we are thinking about getting married. What kind of case is this and what kind of problems could I face regarding my immigration status? And what kind of troubles could we even face getting married.
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3 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
In general, if a foreign national entered the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the foreign national may apply to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"), even if the foreign national has overstayed his initial visa and even if he has worked without authorization. The process is known as a marriage-based adjustment of status application in the Immediate Relative visa category. It would be wise for you and your girlfriend to consult with an immigration attorney to review all of the relevant details about eligibility and to become represented in the application process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Feb 02nd, 2015 at 2:35 PM

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Bruce A. Coane
I call it a "marriage case" and when I represent individuals with facts like this, there is generally no problem, assuming they are otherwise not inadmissible and eligible for adjustment.
Answered on Feb 02nd, 2015 at 1:34 PM

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Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
You should have no trouble getting married. If she files for you, you should also get permanent residence. The only thing: talk to a lawyer prior to that and explain what happened with your work situation.
Answered on Feb 02nd, 2015 at 1:33 PM

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