H1B visa now expired can I get married to stay here?

[bryanmayes08 1]

Hi guys

I moved here in November 2011 on an H1B visa but I was laid off in December 2013. The new job that I got have just back out of my sponsorship unfortunately.

I've been living with my girlfriend since February 1st and I'm wondering if the option for us to get married would still be allowed?

If so how complicated is it, and is this my best option?

I love my life here and dont want to move back to the UK where I'm from

Any advice you could give would be much appreciated

Thanks

B

[Boiler 45,651]

Assuming she is a USC then yes, you are out of status and deportable so no time like now.

[jan22 3,056]

OR, you could live up to the terms of the visa that you were originally granted, which was to leave the U.S. once you were laid off in December, file for a K-1, and then return legally to the US to marry your girlfriend if you are sincere about the marriage and not just using marriage as a means to immigration (which is illegal).

[Boiler 45,651]

Z

But they are in luv.

[Harpa Timsah 13,258]

OR, you could live up to the terms of the visa that you were originally granted, which was to leave the U.S. once you were laid off in December, file for a K-1, and then return legally to the US to marry your girlfriend if you are sincere about the marriage and not just using marriage as a means to immigration (which is illegal).

H1B is dual intent so there is nothing illegal about what he is doing. He never had to promise to leave the US.

[jan22 3,056]

H1B is dual intent so there is nothing illegal about what he is doing. He never had to promise to leave the US.

Sorry, but that is incorrect. While a lot of people cite that it is "dual intent", what is really accurate is that 214b doesn't apply in the normal sense, i.e., you don't have to maintain a residence abroad, etc. You still have to have a clear intent to leave the U.S. at the end of your approved status. In accepting an H1B you are committing to live up to the terms of the visa -- one of the requirements of which is that, should the job on which it is based ends, you leave the U.S. (unless, of course, you already have a new job with a new petition approved). He basically fell out of status in December when he did not leave the U.S.

[Boiler 45,651]

Of course he is out of Status.

H1 does not require you to have an abode you will return to, H2 does.

[bryanmayes08 1]

Thanks guys. So as I am now out of status, would it be better to just move home, come back a few weeks later with on a tourist visa and then start the marriage process? Or could I just do it now without having to leave the country?

[Harpa Timsah 13,258]

Sorry, but that is incorrect. While a lot of people cite that it is "dual intent", what is really accurate is that 214b doesn't apply in the normal sense, i.e., you don't have to maintain a residence abroad, etc. You still have to have a clear intent to leave the U.S. at the end of your approved status. In accepting an H1B you are committing to live up to the terms of the visa -- one of the requirements of which is that, should the job on which it is based ends, you leave the U.S. (unless, of course, you already have a new job with a new petition approved). He basically fell out of status in December when he did not leave the U.S.

One of the big "perks" of the H1B is that the person can seek a Greencard and permanent residence while in the US. The OP did that, just in a different way.

You don't have to like it, but he is now free to apply for AOS, by law.

[Boiler 45,651]

So you intend coming back and when asked about the purpose of your visit you will say what?

[Harpa Timsah 13,258]

Thanks guys. So as I am now out of status, would it be better to just move home, come back a few weeks later with on a tourist visa and then start the marriage process? Or could I just do it now without having to leave the country?

God, no. It is illegal to enter the US on a tourist visa with the intent to immigrate. Just stay where you are and file for AOS. There is a VJ guide in the guide sections, the one for both spouses living in the US.

[JohnR! 5,495]

Hi guys

I moved here in November 2011 on an H1B visa but I was laid off in December 2013. The new job that I got have just back out of my sponsorship unfortunately.

I've been living with my girlfriend since February 1st and I'm wondering if the option for us to get married would still be allowed?

If so how complicated is it, and is this my best option?

I love my life here and dont want to move back to the UK where I'm from

Any advice you could give would be much appreciated

Thanks

B

Provided your relationship is real, and that your marriage is not a way to get you get you a greencard, you should be ok. Get married and start with the AOS application, which will result in your greencard. Do not leave the US until you have your greencard, which might take anywhere between 2-6 months.

Good luck!

[bryanmayes08 1]

Ok great, so the fact that I am now out of status and technically 'illegal', wont have any effect on my chances of getting a greencard through marrying my girlfriend?

[JohnR! 5,495]

Ok great, so the fact that I am now out of status and technically 'illegal', wont have any effect on my chances of getting a greencard through marrying my girlfriend?

Your current status will not prevent you from marrying and applying for a greencard. You should be good to go!

[jan22 3,056]

One of the big "perks" of the H1B is that the person can seek a Greencard and permanent residence while in the US. The OP did that, just in a different way.

You don't have to like it, but he is now free to apply for AOS, by law.

It's not a matter of what I like or dislike; I really don't feel one way or the other about it. Originally, I was merely making the point that the original post seemed to indicate that the only reason for the marriage would be to remain in the U.S. If that is truly the case, then it's a marriage for immigration benefit and could well be questioned.

Sorry -- but the H1B does not automatically mean you can file for a green card -- it is actually an employer who files on your behalf, you can't do it on your own. There is no promise that every H1B will result in a green card. In fact, most do not -- as his did not, since the employment ended and has he no sponsoring employer.