Us citizen marry to expired h1b visa holder

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narayana7

Registered Users (C)
ALL,

I AM WIDOWER AND us CITIZEN WULD LIKE TO MARRY A GIRL WHO IS RIGHT NOW IN USA. SHE CAME HERE COUPLE OF YEARS OF BACK ON H1b VISA AND HER VISA EXPIRED AND NOW HER STATUS IS AN UNDOCUMENTED WORKER. I AM PLANNING TO MARRY HER IN US AND GET HER STATUS ADJUSTED. MY QUESTION IS WHAT ARE THE CHANCES TO GET HER STATUS ADJUSTED. IS IT OK HER TO GO BACK TO HER COUNTRY AND THEN I WILL GO THERE AND GET MARRIED AND THEN APPLY HER TO COME HERE. THEN WHAT IS THE PROCEDURE TO BE FOLLOWED? ALSO WOULD LIKE HAVE TO HAVE SUGGESTION WHICH IS THE BEST WAY SO THAT WE CAN STAY TOGETHER HERE.

APPRECIATE, EVERYONE'S INPUT AND SUGGEST ME THE BEST COURSE OF ACTION .

THANKS IN ADVANCE,

NARAYANA
 
Provided that the marriage is bona fide (Ie, not just for immigration purposes) then her chances of adjusting status to permanent resident are good.

I just have one question....how long ago did her visa expire? If it expired more than 180 days ago then DO NOT let her leave the US under any circumstances. If she does then she will be subject to a 3 year ban from entering the US. If her visa expired more than 360 days ago, then it will be a 10 year ban.

So my advice is to get married, file for the adjustment of status, and not have her leave the country until she has her green card in hand.

Here is the guide of what you need to do to file for her adjustment of status once you are married.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
 
elcupacabras said:
Provided that the marriage is bona fide (Ie, not just for immigration purposes) then her chances of adjusting status to permanent resident are good.

I just have one question....how long ago did her visa expire? If it expired more than 180 days ago then DO NOT let her leave the US under any circumstances. If she does then she will be subject to a 3 year ban from entering the US. If her visa expired more than 360 days ago, then it will be a 10 year ban.

So my advice is to get married, file for the adjustment of status, and not have her leave the country until she has her green card in hand.

Here is the guide of what you need to do to file for her adjustment of status once you are married.
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
Click to expand...

Yes, Her visa expired 7 months back and she is not planning to go back to her Country and wants to get marry in the next couple of months. Marriage is for bonafide purpose only, and how long she needs to get her status adjusted and what are the documents needed to submit.

Can you please guide on this.

Thanks
Narayana
 
As her visa is expired then the sooner she files for AOS the better.

As for the documents you need, please refer to the guide that I gave you in my previous post.
 
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