Legal Question in Immigration Law in North Carolina
My girlfriend has an expired working visa, for about 8 months now. Her last employer never renewed it.
She now lives with me, and we want to get married, can we legally get a marrage license and get married?
3 Answers from Attorneys
Yes but you need to move fast as she is out of status. For a free consultation, please contact my office at 1-800-408-5818.
Hi,
Yes, there is no barrier to legal marriage. The important question is whether she can remain in the U.S. after sponsorship paperwork is filed with the USCIS. The short answer is yes, an adjustment of status application can be filed concurrently with your immigrant petition, and she can remain in the U.S. even though she is currently in violation of her nonimmigrant visa status: www.h1b1.com/Uscitizen.htm
You can call our law firm during business hours at 212-268-3580, or email [email protected] for guidance.
You can marry her. And its likely she an obtain lawful permanent resident status based on your marriage. Usually a person who had lawful status can adjust, however, there are some exceptions. What concerns me is the type of work visa, her entrances and departures into the U.S. and a couple of other grounds of admissibility that should be resolved prior to filing with USCIS. Please do not attempt on your own, please do retain counsel. Based on your zip code, your case will likely be set for interview in Charlotte, NC.