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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Smile 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..

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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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