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H1B Expires Soon, Trying to Get Green Card Through My Boyfriend

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  • 02-03-2009, 01:06 PM
    phyllis_she
    H1B Expires Soon, Trying to Get Green Card Through My Boyfriend
    I am a H1B Holder, my permit is expiring in a month time. Instead of applying another H1B, i am planning to get married with my boyfriend and get Green Card. Here is the challenge:

    My boyfriend assumed he is a US citizen. Since he has been here when he is 5 years old. He is now 35. But we just found out that he was not. He is a Permanent Resident. He did not do the proper process to get him to be a US citizen yet. We are now planning to apply for N600 or N400 for him to get his citizenship.

    We know this is going to take a long time, i want to know what kind of challenges i will be facing. Immigration officer mentions that i could overstay in US until he gets his US Citizenship and then apply for mine through Marriage. Is that true?

    Besides, what's my challenges if i decided to overstay after my visa gets expired?

    Thank you..
  • 02-05-2009, 03:34 PM
    Mr. Knowitall
    Re: H1B Expires Soon, Trying to Get Green Card Through My Boyfriend
    An immigration officer is telling you to overstay your visa? There has to be a back story there....

    I suggest, if at all possible, staying in status. It's possible to adjust your status based on marriage after a lawful entry, despite an overstay, but if you're caught in the interim (or if you have to work for a living and do so without EAD) things can get very complicated very quickly.
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