GC for USC spouse: K-1 or stay domestic?

walte010

Registered Users (C)
I am a USC. My fiance is on an H1B visa that expires in December. If we were to get married in India in September and return the same month to the U.S. on his H1B visa, could he then remain in the US after his H1B expires while I file for a spousal Green Card for him? Or would he be forced to leave the country and wait while a K-1 spousal visa was being processed, since the marriage was performed abroad?
 
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