Legal Question in Immigration Law in Illinois

if i married a resident-green card holder why do i have to wait before he becomes a US citizen to file for a change of status? I was 2yrs out of status prior to our marriage ( visa -H1B) we are married for almost 4 yrs now and have not filed my papers, and i am still using my SS number to work..Does he need to be a US Citizen before filing or can i just go ahead and file for the change of status? and what are the consequences of working when my H1B expired?


Asked on 4/23/12, 7:50 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Normally you cannot adjust status within the U.S. if you are currently violating your nonimmigrant visa status. However, based on the facts in your email, you can be sponsored and adjust status once your spouse becomes a U.S. citizen. In addition, there will be no penalty fee: www.h1b1.com/Uscitizen.htm

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Answered on 4/24/12, 7:15 am


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