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H1B Expired, Extension Still Pending, Can I still get Married and apply for PR?

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  • H1B Expired, Extension Still Pending, Can I still get Married and apply for PR?

    Hi, I just wondering if I can still get married legally and apply for permanent resident status when my H1B is already expired but for the H1B extension status is still pending?

    Thanks.

  • #2
    Marry a US citizen then apply for adjustment of status? Yes you can

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    • #3
      Originally posted by inadmissible View Post
      Marry a US citizen then apply for adjustment of status? Yes you can
      So I can legally married and get adjustment status even though my H1B is already expired but have a pending extension?

      Thanks. I prefer not to rush into marriage. I wanna get married because wanna get married and not because I have to rush it due to the immigration issue.

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      • #4
        If you are free to marry, you can legally marry anyone else who is free to marry, regardless of either of your immigration status

        As for adjusting status to permanent residence, you can do so if your spouse is a US citizen and you had been inspected by border agents when you were admitted or paroled into the country, even if you don't maintain your visa status

        Since you entered lawfully on your H-1B visa, you can conceivably fall out of status for years yet some day marry a US citizen and get a green card. As a practical matter, the only thing that will get in your way is getting removed. For example, if your request for visa extension is denied by USCIS, they can use their discretion to forward your information to ICE

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