My boyfriend is on H1B visa, Im undocumented. We are want to get married.

[dragoncito]

Hello there.
My boyfriend is on work visa, H1B, his company will sponsor his green card within 1 or 2 years. He is from China mainland. I'm undocumented. enter with a visa, now expired, 14 years ago. We wanna get married. Can he sponsor me? can I get benefits from his work once we marry? how long i have to wait to be able to be sponsor by him? (same-sex marriage here, California) Thank you!

 

[FlyingRon]

If you are married or a legal domestic partner then you can get benefits from his employer.
If you are married and he has been on his H1B for more than a few months, once you marry he can apply to get you on an H-4.
You should consult an immigration attorney.

 

[Zigner]

If you are married or a legal domestic partner then you can get benefits from his employer.
If you are married and he has been on his H1B for more than a few months, once you marry he can apply to get you on an H-4.
You should consult an immigration attorney.

I agree about the attorney part - but did you miss that the OP has been in this country illegally for in excess of a decade?

 

[FlyingRon]

I agree about the attorney part - but did you miss that the OP has been in this country illegally for in excess of a decade?

And this keeps them from filing an AOS how? He entered legally. He just has a very long overstay.
The only thing that he should not do is leave the country at this point.

 

[Proserpina]

And this keeps them from filing an AOS how? He entered legally. He just has a very long overstay.
The only thing that he should not do is leave the country at this point.

Yep. If he entered without inspection things would be markedly more difficult. An overstay isn't nearly so bad.