4

I've been living and working in the US for 1 1/2 years, on an H1-B visa. My employer is a State University (I teach and do research). The visa expires in late June this year.

While in the US, I fell in love with a US citizen and we are possibly going to get married.

My question is the following: if we got married soon (say, before my visa expires), could I stay in the US and keep working here (for the university or another employer)?

  • 1
    I am not certain of this so no answer, but yes, you can remain by filing I-485 (change of status) after you're married. At the same time you should also file I-765 and I-131 (EAD and app for travel document/advance parole). I don't think you can work between your H-1B ending and getting the EAD. You might try to extend the H-1B. – mkennedy Jan 16 '17 at 21:54
  • 1
    I think you mean your status is expiring. When your visa expires is irrelevant as US visas are only for entry and you are not seeking to enter the US. – user102008 Jan 17 '17 at 0:24
5

You can apply for Adjustment of Status. Basically, after marrying, forms I-130 and I-485 can be filed together (your spouse fills out I-130 and you fill out I-485). Each form has many required documents and forms so read the instructions carefully. It doesn't make a difference if you file before or after your status expires. It is recommended to also file I-765 for EAD and I-131 for Advance Parole, for free, together with those forms, so you can work and/or travel while your AOS application is pending.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.