H1B holder getting married to US citizen

[h1bholder 0]

Hi

I live and work in US on H1B visa which expires in 6 months. I have an option to extend it for another 3 years and I would have to apply for an extension in 3 months the latest. However, my boyfriend of few years and I decided to get married in the next couple of weeks and so I'll be able to file for a green card. I have two questions:

1. Do we get married first, then complete and send it the paperwork? (Pretty sure the answer is yes). Also, what are all the forms required?

2. More importantly, I know that the waiting time for the green card is about 8 months and so longer than my H1B is valid for. My company would be happy to do the extension as I will continue working for them, but I'm not sure if that is necessary. Can I still work for this company after my H1B expires and before my green card arrives? (probably only couple of months difference). If yes, it would save my company money and hassle spent on the extension.

Appreciate your help.

[Hypnos 6,576]

You marry, and once you have a certified copy of your marriage certificate can apply for adjustment of status.

You would follow this guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 and would file for employment authorisation and advance parole (usually not needed on an H-1B but since yours is close to expiry then it would be a good idea to do so, since they're free) at the same time. If you apply within the next couple of months then you would receive your advance parole and employment authorisation before your H-1B expired, meaning you would be able to seamlessly continue working and / or travelling on those documents until your green card was itself approved.

Edited May 17, 2014 by Hypnos

[dopher 0]

Hi

Can anyone else shed some light on how they handled this situation? My fiance and are in a similar situation. We are trying to understand if we should renew the H-1B visa, or if it's possible to forgo the renewal to save some $ and obtain some other method that will allow her to work /stay in the country until the green card arrives?

Thanks