Marriage Based green card (US citizen)

luicd_101

New Member
Hi,

I am planning to apply for marriage based green card; my partner is US citizen. I am currently on H1B visa, but my visa will expire in few months.

What should I do if my visa expires when the application is in process?

Can I still stay in the US?

Does this affect my application approval?
 

SusieQQQ

Well-Known Member
Hi,

I am planning to apply for marriage based green card; my partner is US citizen. I am currently on H1B visa, but my visa will expire in few months.

What should I do if my visa expires when the application is in process?

Can I still stay in the US?

Does this affect my application approval?

once you file an i130 (or rather your USC spouse files for you), you will roll over into adjustment pending if your existing status expires before your green card is approved. This allows you to stay in the US legally.
Note that unless you have advance parole (AP) you will be unable to travel outside the US during this “Pending“ period without being considered to have abandoned your application; and you will be unable to work unless you have an EAD. You can apply for AP/EAD along with the 130 filing; they usually take a few months to be issued.
 

newacct

Well-Known Member
You would file I-130 and I-485 at the same time. You can stay in the US legally for as long as I-485 is pending, regardless of whether you are in status.
 
Top