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.
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.
> 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.
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
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.
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.