Expired H1 marrying a US citizen

[raj_mal]

Hi all,

I have the following question:

I am a US Citizen getting married to a girl whose H1-B visa is expiring at the end of the month (Sept 2008). We are planning on getting married either last week of Sept or in the first week of Oct. Can my finace stay in the country even if her H1 B expires or does she need to go back to her home country (India)? If she goes back to her home country, is it possible for her to come back to the US and if yes which visa catergory does she fall under?

I appreciate all your help in providing me with answers and guidance in this matter..

Take care
Raj

[txh1b]

If possible, marry before the I-94 expires and fie the adjustment of status application immediately for her. If she returns back, she can easily come on H1b. But to come as your dependent is a long process and you need to look into K3 visa for that.

[raj_mal]

Thank you for your response and really appreciate your advice.

The deal with her H1-B is that it expires at the end of the month and cannot be renewed as she has already completed her 7th year extension and her Labour for her green card has not been cleared. So she has to go back to her home country and wait for a year and then apply for her H1-B (her present employer has told her that they are willing to do that next year).

How long does it take for her adjustment of status application to be filed and processed? Can it be done by this month end or can she can stay in the country if we have filed the application and not gotten any response from the USICS.

Once again thanks for the help and really appreciate it.

Take care
Raj

[txh1b]

Once married inside the US, you can file the adjustment of status immediately and she can legally stay.

https://www.immihelp.com/family-based-greencard-categories/

[raj_mal]

Thank you and appreciate all your help