H4 Visa conversion to green card help

[crzy3kgt]

I am currently on an H4 and went through a divorce with my ex-husband who was on a H1. I know very little about visa's but have been searching on this forum for the exact situation I am in.

I am getting married to a us citizen and want to know how to convert my h4 to a green card.

A little bit of background information.
I am a green card holder in canada.
I was in the us with a h4.
My divorced will be finalized within a couple of weeks.

Currently I am in the states currently and know, doI have leave the country. With my H4 expired do i have 30 days or four months to leave the country?

If I apply for the green card, do i still have to leave the country?
How do i go about applying for conversion?
Do I have to start the process from fresh?
If i start the process within 30days do I still have to leave the country?

thanks in advance

[txh1b]

If you are already divorced, your H4 is invalid and you have been accumulating illegal stay from the date of your divorce. You need to leave the country ASAP and once you are engaged to teh USC, follow the K1 process.

[crzy3kgt]

My divorce paper work is not finalized but will be in a month.
I want to prepare before it does.
Is there any sort of grace period?

Can i transfer over from a h4 to a k1?


If there is no grace period and I HAVE to leave after my divorce is finalized then I was going to go to canada and come back on a visiting visa.(if i go this route i am not sure if they will grant me the visiting visa and i want to exhaust all my other options)

[crzy3kgt]

Anyone have any ideas

[txh1b]

Go to Canada and stay there till the K1 gets processed. Doo not enter on a visitor visa as that is considered fruad when you are engaged to get married to a USC.