Out of Status and Working Illegally

[q14]

I entered U.S by student VISA F1, but I dont attend school, I am working illegal, my VISA will expired before I married my boyfriend. So can I get green card when my VISA expired without leaving U.S ?

[T53147]

Is your boyfriend a US citizen?

Does he have sufficient income or resources to sponsor you?

[q14]

Yes, he is US citizen and he has money to sponsor me. But I still working to support myself.

[T53147]

Marriage to a US citizen results in forgiveness of many illegal acts by the potential immigrant as long as the immigrant is a simple overstay after a legal entry. So not leave the US until you have a green card in your possession. Instructions for filing after marriage are on the USCIS website under family based immigration. As long as his income is greater than 125% of the poverty level for your family size, he will not even need a cosponsor.

[Dogmatique]

While I used to generally agree with that, things are changing these days.

Marriage following an overstay no longer guarantees forgiveness of working without permission.

OP needs to speak with a competent immigration attorney.

[q14]

Thank you for your replies. Because I heard someone said that if I illegal when I get marriage I have to leave US till all paperwork for green card done and I have to have a new interview at consulate to have new VISA for marriage, I just worry about it...