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Expired H1B, will marriage to a USC be a problem?

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  • Expired H1B, will marriage to a USC be a problem?

    Hello... my fiancee was here on an H1B visa that has another 8 months left, but due to downsizing she was let go. She and I have been living together for about a year and were planning on being married next year, but not being able to get a job with an employer who will sponsor her H1B visa is making our current living arrangements, well, more than difficult.

    My question is this: Since she's technically here without a valid visa, will getting married allow her to stay legally immediately (and without hefty fines or jail time)? If so, would she have to leave to get her visa and how long would it be before she would be able to get a job that does not require H1B sponsorship? We're a bit afraid right now and we'd like to get this fixed so that we can get on with our lives.

    Thanks so much.

  • #2
    Hello... my fiancee was here on an H1B visa that has another 8 months left, but due to downsizing she was let go. She and I have been living together for about a year and were planning on being married next year, but not being able to get a job with an employer who will sponsor her H1B visa is making our current living arrangements, well, more than difficult.

    My question is this: Since she's technically here without a valid visa, will getting married allow her to stay legally immediately (and without hefty fines or jail time)? If so, would she have to leave to get her visa and how long would it be before she would be able to get a job that does not require H1B sponsorship? We're a bit afraid right now and we'd like to get this fixed so that we can get on with our lives.

    Thanks so much.

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    • #3
      She entered with inspection so should be able to adjust status after she marries you without having to leave the country. (I'm assuming you're an American citizen. If you're not, then there's nothing either of you can really do until you become one.)

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