Legal Question in Immigration Law in Texas

Being out of Status and Marriage to USC
Hi,

I am currently employed by a US employer using an H1B visa and I entered the US legally. In addition, my fianc� and I (fianc� is USC) are planning on getting married in three weeks and we will then file for adjustment of status. My question is what would happen if I get laid off from now until we actually get married and file the application (about a month)? I am worried that if the company doesn�t have enough work and they let me go will I have to leave the country even though I entered legally, I love my fianc� and we want to get married? My current I-94 is valid until April 2005. I just don�t want to loose my fianc� because of my job. Some people say you can still get married and file for adjustment of status even though technically I would be out of status if I get laid off � is that true? Please help me, we�re very worried and we don�t know what to do.

Thank you

Asked on 8/19/04, 3:19 pm

Neena Bohra Law Offices of Neena Bohra

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Re: Being out of Status and Marriage to USC

Fiance visas can only be filed by USCs. As an H-1 holder, your spouse would be eligible for H-4 status not immigrant status.

You cannot adjust status based on your H-1 status as this is a nonimmigrant status and adjustment is an immigrant option.

Answered on 8/19/04, 11:25 pm

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