Legal Question in Immigration Law in New York

Re: I need advice

The answer would depend on if and how quickly your fiance/e can get naturalized. The current wait for an immigrant visa based on a marriage to a green-card holder is at least 4 years while spouses of U.S. citizens are entitled to an immediate visa without any wait. Typically, naturalization (if all legal qualifications are met) can be completed within a year or so.

Being a spouse of a U.S. citizen would also help you overcome the consequences of your being out of lawful status, thus allowing you to adjust status in the U.S. without having to go back home (and also without facing a 3/10 year admissibility ban for overstay).

Again, your and your fiance/e's specific situation should be reviewed by an immigration attorney to determine the best way for handling your case.

The above is in the nature of general information, is not legal advice and should not be relied upon as such.

Re: I need advice

It is of concern to me that you are "out of status" (your visa expired).

The rules for gaining status through marriage to a 'green card holder' and a citizen are different. The rules are more liberal and the process is much faster for a citizen.

My answer depends on how close your fiance is to naturalization. Submitting a petition for fiance status with a 'green card holder' will be helpful in avoiding problems if you are 'discovered' in the US out of status.

You know your industry, where you live, etc. Is discovery an issue for you?