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
    Commented Jan 16, 2017 at 21:54
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    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
    Commented Jan 17, 2017 at 0:24

1 Answer 1


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.

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