H-1 Layoff getting married
Mar 14th 2002, 11:22 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2002
Posts: 97
H-1 Layoff getting married
I am holding a H-1B visa and have been working in the US for 2 years. However I got laid off this Jan and I still haven't had a job yet (the expiration date on my H-1B visa is March 2003). At the same time my fiance (a US citizen) and I are planning to get married this May. I would like to know if I am still legal to stay in the US, get married and file my permenant residency application. Because I got laid off since Jan and I am already out of status, I wonder if INS will deny my premenant residency application beacuse of this. Do I need to leave the country now? What should we go to get married and without getting into any trouble. Note that I do not have a visitor visa for US. H-1 visa is all I have. Please let me know what should I do.
Mar 15th 2002, 6:35 am
#2
Guest
Posts: n/a
Re: H-1 Layoff getting married
You would generally be ok with getting status adjusted even with the few months of
overstay. Of course, if something happens and AOS fails, then it is possible you
would have some problems attempting to enter again due to the overstay.
wildxena wrote:
> I am holding a H-1B visa and have been working in the US for 2 years. However I got
> laid off this Jan and I still haven't had a job yet (the expiration date on my H-1B
> visa is March 2003). At the same time my fiance (a US citizen) and I are planning
> to get married this May. I would like to know if I am still legal to stay in the
> US, get married and file my permenant residency application. Because I got laid off
> since Jan and I am already out of status, I wonder if INS will deny my premenant
> residency application beacuse of this. Do I need to leave the country now? What
> should we go to get married and without getting into any trouble. Note that I do
> not have a visitor visa for US. H-1 visa is all I have. Please let me know what
> should I do.
>
> --
> Posted via http://britishexpats.com
overstay. Of course, if something happens and AOS fails, then it is possible you
would have some problems attempting to enter again due to the overstay.
wildxena wrote:
> I am holding a H-1B visa and have been working in the US for 2 years. However I got
> laid off this Jan and I still haven't had a job yet (the expiration date on my H-1B
> visa is March 2003). At the same time my fiance (a US citizen) and I are planning
> to get married this May. I would like to know if I am still legal to stay in the
> US, get married and file my permenant residency application. Because I got laid off
> since Jan and I am already out of status, I wonder if INS will deny my premenant
> residency application beacuse of this. Do I need to leave the country now? What
> should we go to get married and without getting into any trouble. Note that I do
> not have a visitor visa for US. H-1 visa is all I have. Please let me know what
> should I do.
>
> --
> Posted via http://britishexpats.com
Mar 15th 2002, 7:36 pm
#3
Forum Regular
Joined: Feb 2002
Posts: 39
Re: H-1 Layoff getting married
You may be okay at least that's what I was told but why not get married now. Just go to the local courthouse and still have the more elaborate wedding in May. That way you may be able to get your EAD right away, it depends on where you live. I got mine the same day I filed. This should also make looking for a new job easier because if you get an EAD you no longer need the company to sponsor you for an H1-B you can even take a temporary job that's not in your field. You may even qualify for unemployment.
