Could you kindly help with this scenario.
One over extended their original visa and is now out of status but has a fiance who is a green card holder. They also might have found a job position that is willing to sponsor the spouse who is out of status. How long would the process take to get an adjustment of status (AOS) going the employment route?
The ideal imagined scenario is she is able to get an H1 type visa, get her status adjusted then marry her fiance and file for AOS as spouse of a green card holder while still in the US.
AOS while married to a green card holder can only happen if she is in the country legally and having an H1 type visa would make it possible but not even sure how much of an option this is because of the wait/processing times or even if it's possible to get an H1 visa while out of status in the US.
One over extended their original visa and is now out of status but has a fiance who is a green card holder. They also might have found a job position that is willing to sponsor the spouse who is out of status. How long would the process take to get an adjustment of status (AOS) going the employment route?
The ideal imagined scenario is she is able to get an H1 type visa, get her status adjusted then marry her fiance and file for AOS as spouse of a green card holder while still in the US.
AOS while married to a green card holder can only happen if she is in the country legally and having an H1 type visa would make it possible but not even sure how much of an option this is because of the wait/processing times or even if it's possible to get an H1 visa while out of status in the US.