[Synroc]

I'm originally from France, came to the U.S. for undergraduate studies in 2010. My first year here, I fell in love and started dating an American student, and have been dating her ever since. Similarly, I fell in love with the United States, and wish to spend my life here. Currently, I am currently on OPT, applied for the H1-B process this year with my great SF company, and now am waiting to hear back about my 28% chance of getting a visa...

I'm not trying to scam the U.S., or cheat Americans out of a job, and my company is paying me the same amount as the americans who started at the same time as me. Instead, I want to be an American, and be a part of this country. Despite this, I am now at risk of being deported if I don't get the visa, and having to leave behind my whole life here, and my girlfriend here who I intend to spend the rest of my life with.

The worst part about this is that I am completely powerless, and at the whim of chance.

[Joky]

You're not completely powerless compared to others: you can marry your girlfriend ;)

[Someone1234]

OP if you read this, if you decide to get married, you REALLY need to do it before your visa expires (by as much as possible).

If you do it after you'll technically be in the country illegally and they will reject your marriage visa automatically (i.e. you'll have to go home to apply for your marriage visa, they won't even accept your application while you're still illegally in the US).

It may already be too late to do this without having to leave the country. A marriage visa can take anywhere between six months and a year and half, unless you can get them to rush it though (which they've done before, but normally at foreign embassies rather than at the NVC, and without kids, a dependant, or either of you being US military it will be hard to get an expedited process).

PS - Maybe consult an immigration attorney in your case.

PPS - If your visa is expired try not to get "caught" with it expired. Sneak out of the country to avoid a ban, rather than getting a ban and trying to fight it. It could save you a long fight and literally years banned from the US.

[cplease]

Hey armchair lawyer, you're wrong. You can apply for adjustment of status immediately after exchanging vows. This gives you an independent legal immigration status while the application is adjudicated; "pending adjustment." Unless you are already in removal, you're good to go. Even if you are already in removal, if you haven't actually been deported, then you can make the same application for adjustment directly to the immigration judge.

And as long as you entered the country legally (e.g. not without inspection or fraudulently), simply having being out of status is forgiven when sponsored by a US spouse, so long as there are no other bars to the application.

That said, going out of status is never a good idea. But as long as you apply while you have a valid immigration status, there is no out-of-status time period.

Anyway, OP would be advised to consult with a qualified immigration attorney rather than HN commenters.

[UnoriginalGuy]

> Hey armchair lawyer, you're wrong.

Here's an actual lawyer that says you're in fact wrong (they're right):

http://www.alllaw.com/articles/nolo/us-immigration/apply-for...

Key quote:

> If you are in the United States with an expired visa, then you most likely are not eligible to apply for adjustment of status.

But the whole article, start to end, almost mirrors the above comment and contradicts most of what you said. Key question: Are you a lawyer? You implied you are but are giving legal advice which contradicts a proven law firm specialising in immigration law. You also criticised someone else for being an "armchair lawyer" (implying you're not).

> You can apply for adjustment of status immediately after exchanging vows.

"Applying" sounds great, but you are in no way granted anything while the process is on-going. In fact they very specifically recommend you avoid travelling to the US while your visa in processes, as that could result in a "misunderstanding" and them junking your visa because they believe you're living in the US already.

That's the advice I was given in person by someone at the US embassy in London. She said "make sure if you travel you, you have a return ticket, and don't take too much luggage or it could cause your application to be rejected."

> simply having being out of status is forgiven when sponsored by a US spouse, so long as there are no other bars to the application

Even though they tell you many MANY times when applying that applying from within the US without legal status will automatically get you rejected? This is the NVS and the US embassy. Where are you getting your information? Can you cite a source which proves that they forgive fiancee visa applicants for visa violations?

> That said, going out of status is never a good idea.

Why? They forgive it according to you. Kind of contradicts what you said before...

> But as long as you apply while you have a valid immigration status, there is no out-of-status time period.

Unless you apply for an extension on your OLD visa, you almost certainly will be out-of-status given how long fiancee visas take under normal circumstances.

> Anyway, OP would be advised to consult with a qualified immigration attorney rather than HN commenters.

I agree. Your comment here is full of misinformation and dangerous misinformation at that. At least the above comment is suggesting they follow the documented visa process (leaving, apply, then re-enter when it is accepted). You're proposing they ignore visa law because of some "magical" clemency you claim that fiancee visa applicants are granted.

Your advice is just dangerously terrible and wrong.

[presty]

actually cplease is RIGHT and you are wrong

from your own link, here's the part that cplease is referring to (SPOUSES)

> Despite the general rule that people whose authorized stays have expired cannot use the adjustment of status procedure to get their green card, the following types of people may be able to stay in the United States and adjust status:

> Immediate relatives of U.S. citizens, namely their spouses, parents, and unmarried minor children (under age 21). Immediate relatives may adjust status even with an expired visa – but not if they entered the United States illegally, without a visa or other authorized form of entry.

once Synroc marries, he becomes a spouse and _should_ become eligible for adjustment of status

[discardorama]

I knew it! This H1-B shortage is a conspiracy by hot American chicks to enslave foreign engineers!!

Just kidding, of course. But I do like @JOnAgain's suggestion of biasing the lottery by the salary. Of course it'll never happen, because that's our current political situation (we're still arguing over the perennial topics of abortion, guns, drugs, etc.). However, it may be biased against small, lean startups who can't afford to pay as much as Google or FB.

[gorkemyurt]

H1B System is definetely unfair to international undergrads.

Like Synroc I came here for my undergraduate studies and work for a company in SF. I have no intention of leaving unless i am forced to do so.

I spent 5 (4 years of school + 1 year OPT) amazing years in this country and made many american friends, dated american girls lived in two of the most vibrant american cities (SF and NYC) and really adjusted to the American life style. It really hurts to be forced out after experiencing all these great memories. I deserve to stay here..

And now I am sitting in front of my computer refreshing by browser every 30 seconds waiting for an email from my companies legal department.

ps. Synroc take your girlfriend with you and let's move to London or something..

[tlextrait]

Get married maybe

[kghose]

1. You can apply for permanent residency under the extraordinary individual or highly qualified individual (if you have a specialty profession e.g. STEM)

2. Academic and non-profit jobs don't have a cap. You could take such a position and then apply for permanent residency.

3. You can apply for the green card lottery (I'm assuming you are born in France).

[Synroc]

I like 2. and 3. Could I do 3. while doing 2?

[kghose]

Yes, as far as I know the lottery is independent of anything else, but you should check the USCIS website and consult an immigration lawyer.

Be careful with the lawyer: try and get one through a recommendation of someone you trust who has used their services. Because of the high demand for immigration into the United States, there are many unscrupulous people involved in such matters.

[somerandomone]

The goal of marriage really shouldn't be getting a visa... I'm saddened that we have to entertain this solution. It feels almost like exchange my body for some materialistic goal when I think about it (of course I'm not OP).

[Synroc]

I agree. I would rather my girlfriend and I get married because we love each other and are ready, not because of immigration issues.

[ibash]

Marriage is a social construct. Strip away how everyone else views it for a moment and look at it in a different light: If there were no tax benefits, no immigration benefits, etc - would you be the person's partner anyway?

If so, get married for the visa, it doesn't change anything important anyway.

Incidentally this is what me and my wife did so we wouldn't have to deal with the immigration lottery, it's working for us.