Work visa expiring. What are the options if getting married to stay?

[BennyJax 5]

I'm asking this question for my brother and his girlfriend. Not sure if this is the correct sub forum. If not please move it.

My brother is a US citizen. His girlfriend has been here on a work visa. She just got laid off. Her work visa will expire at the end of august. Someone told her that she will be able to stay past that time cause she has a visitor visa.

So they are thinking about getting married. Its something they have thought about but might speed it up now. If they go married while still on her expires work visa what is the proper route afterwards?

If she is on a visitor visa will it be okay to get married? I've heard it's ok if you didn't enter the USA on a tourist visa with the intent to get married.

I'm just asking for him to see what their options are.

Thanks everyone.

[Ivica_Marija_11 0]

She'll able to apply for an adjustment status as long as they get married before her work/visitor visa expires.

[Jojo92122 1,924]

I'm asking this question for my brother and his girlfriend. Not sure if this is the correct sub forum. If not please move it.

My brother is a US citizen. His girlfriend has been here on a work visa. She just got laid off. Her work visa will expire at the end of august. Someone told her that she will be able to stay past that time cause she has a visitor visa.

So they are thinking about getting married. Its something they have thought about but might speed it up now. If they go married while still on her expires work visa what is the proper route afterwards?

If she is on a visitor visa will it be okay to get married? I've heard it's ok if you didn't enter the USA on a tourist visa with the intent to get married.

I'm just asking for him to see what their options are.

Thanks everyone.

Once your brother's gf lost her job, she lost her work visa status. A requirement to be in status on a work visa is employment. http://immigration.indianblogger.com/visa/how-long-may-i-stay-in-the-country-on-an-h-1b-visa-if-i-get-laid-off/

I don't know if your brother's girlfriend can switch from an expired/expiring work visa to her current visitor visa. A visitor visa allows a person to enter the US, but the allowable duration of a visit is dependent upon the I-94. The I-94 is valid with the visa used to enter the US. For your brother's gf, the I-94 she has is dependent upon the work visa she entered with. It is not valid with the visitor visa which she did not use to enter the US. The visitor visa by itself does not allow your brother's gf to be in the US. She will need an unexpired I-94 connected to her visitor visa to be in the US.

If she marries your US citizen brother, she can stay in the US. She will need to present her I-94 as proof of inspection and legal entry into the US.

[Jojo92122 1,924]

http://www.dazlaw.com/index.php?option=com_content&view=article&id=80:how-layoffs-affect-your-h-1b-visa&catid=34:columns&Itemid=54