Q: My H1B visa expires on October 25th, 2018. Can I marry if I'm out of status?
My H1B is about to end soon and I'm still waiting for approval of my extension. I'm supposed to marry my girlfriend who's happened to be a US citizen during December which was pre-planned. What should I do if I'm out of status by then(if my extension gets denied)? Should I leave the country, come back on tourist visa, get married, apply for change of status? Or can I stay here until I marry, file for adjustment of status?
A: Visa overstay can be forgiven in the context of a petition for relative / application to adjust status case when the relationship is that of marriage to a U.S. Citizen petitioner. I recommend that you consult with a competent immigration attorney in an attorney office setting, so that an attorney can discuss the fine details of your case in private (not online).
A: You can marry her and adjust status in the US without leaving to your home country, even if your status expires during the process.
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