H1-B visa expiring in 3 months - marriage to a Greencard holder

[cutecat]

What is the name of your state (only U.S. law)? VA

Hi All,

My girlfriend's H1-B is expiring in 3 months (going to finish 6-year term on H1-B in Oct). Her EAD was filed by her employer which is still pending.

I'm a Greencard holder and eligible to file for citizenship now. However due to time constraints on her H1-B visa, filing for my citizenship, waiting until I become a citizen and then marrying her does not seem to be a viable option as she might run out of time. Please advise on the best way to approach this matter.

Is it advisable to get married at this stage or wait until what time?

If its OK to marry now while I am a GC holder, how early should we get married before her visa expires?

What kind of visa is she eligible for when she gets married to me as a GC holder? Will she be allowed to work?

If her EAD gets delayed, H1-B expires and she has to leave the US, what approach should we take?

Any other suggestions?

TIA

 

[OHRoadwarrior]

She needs to go home, before she is out of status.

 

[AnonUserName]

What is the name of your state (only U.S. law)? VA

Hi All,

My girlfriend's H1-B is expiring in 3 months (going to finish 6-year term on H1-B in Oct). Her EAD was filed by her employer which is still pending.

I'm a Greencard holder and eligible to file for citizenship now. However due to time constraints on her H1-B visa, filing for my citizenship, waiting until I become a citizen and then marrying her does not seem to be a viable option as she might run out of time. Please advise on the best way to approach this matter.

Is it advisable to get married at this stage or wait until what time?

If its OK to marry now while I am a GC holder, how early should we get married before her visa expires?

What kind of visa is she eligible for when she gets married to me as a GC holder? Will she be allowed to work?

If her EAD gets delayed, H1-B expires and she has to leave the US, what approach should we take?

Any other suggestions?

TIA

I would recommend that you rid yourself of the thought of marriage for the sole purpose of keeping her in the country as your post indicated.

 

[cutecat]

AnonUserName,

No, incorrect. No sane person would waste their life marrying someone for the sake of keeping in this country. We want to get married for good intentions only. I clarify it here if my message indicated otherwise.

 

[OHRoadwarrior]

AnonUserName,

No, incorrect. No sane person would waste their life marrying someone for the sake of keeping in this country. We want to get married for good intentions only. I clarify it here if my message indicated otherwise.

By all means, marry her now and jeopardize your citizenship by engaging in an immigration fraud conspiracy. You can both be sent home then.

 

[AnonUserName]

AnonUserName,

No, incorrect. No sane person would waste their life marrying someone for the sake of keeping in this country. We want to get married for good intentions only. I clarify it here if my message indicated otherwise.

This is not the impression you gave in your first post.

No one here is going to help someone that appears to be committing fraud.

 

[t74]

Marriage to a green card holder does not grant the individual any special privileges. The GC holding spouse may file a GC petition for the other spouse. She will be out of status and illegally present once her H1B I-94 expires. She may not work again unless she receives another guest worker status or a GC EAD.

She needs to plan to go home. You may marry at any time, but unless you are a US citizen, she has a wait to return. Even married to a USC, she cannot return to the US immediately so you should plan to spend the early months of your marriage apart.

Based on what you have posted, the most logical thing to do is to file for a fiance visa after you are naturalized.