Dublin, OH asked in Immigration Law for Ohio

Q: H1B and Marriage Help

I have my H1B extension in process and received an RFE on it .My I-94 was expired on Feb 2020.

My fiancé is an American citizen and we are planning to get married next Year.

In Worst case scenario if my Visa is denied we don't want go through the K1/K3 process.

So we thinking of doing a court marriage if the Visa is denied( I believe we will get 2 weeks before I have to leave the country) and

apply for adjustment of status application in that period. Is that legal to do it or will it create any problem in my green card process ?


Should we get married and apply for adjustment of status application before any decision is taken from the USICS on my H1. (I still have June end to send my response)

In that case will I lose my H1 irrespective of approval/Denial?

We prefer to Wait for the decision from USCIS but Please suggest which is the best way to do ?

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: If you entered the United States legally and then you marry a US citizen, then you can adjust status to get your green card. I would not leave the US until you have obtained the green card. Good luck.

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