Is it OK to be Out of Status When Planning to Marry a US Citizen?

Aggie Hoffman

Is it ok to be out of status with H1-B visa when planning to marry a US citizen in next 6 months? Or what should I do? I entered the county with an H1-B visa but my last pay stub is December 20th 2013. I am planning to get married to a US citizen around May/June 2014. Can I just stay out of status until I get married and then apply for a green card? Or should I leave the country and come back as tourist? Or change my status without leaving the country?

If you are filing based on a marriage to a US citizen, being out of status is not held against you. You do not have to leave the country, nor should you.

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