Discharged from H2B - Urgent Help Needed

[Irish92 0]

Hello Visa Journey community

 

I am seeking some much needed advice please.

Firstly here is the background  timeline to my issue.

 

Entered from the Republic of Ireland on a H2B sponsored visa. 

I entered the US on a H2B visa in October 2016 for work. It was initially valid until May 2017. 

During the above time period i met a girl, a US Citizen, fell in love and proposed to get married so we could start a life together. Before my visa expired I was granted a visa extension by a new employer and moved state to continue working.My extension ran until October 2017. During this time myself and my fiance  had set a wedding date for April 2018. We know of the adjustment of status i need to file alongside the EAD work permit so i can stay here and work after we get married.

Before it expired i was granted another visa extension and continued working in the US . This was valid from October 2017 until  June 2018

 

As of today January 12th my employer discharged me from my current job and effectively terminated my H2B visa. Meaning i am currently out of status.

As my employer is my sponsor they are obligated to buy me a flight home to Ireland. I am scheduled to leave in 3 days.

There is a bigger issue at play here also due to being discharged from my job because my H2B rights have been violated and when i inquired about certain contract agreements i was just let go, one day before the 90 day probation ended but thats for another thread. My employer owes all the current H2B workers money for unpaid hours which were supposed to be paid to us today.

Obviously i do not want to take the flight and just leave my fiance. I want to stay here and continue our lives together.

 

I arrived with the aid of a agency  who initially got me the job and they  have advised me  to leave the country on the flight and come back on a holiday visa and get married.  They have assured me this is ok and i will be fine to get married on the tourist visa but i am sure it is illegal to travel here with the intent of getting married.

My Agency want me to write to my employer and inform them if i will get on the flight or not before the proceed and book it. I dont believe this will provide any advantage to me unless i get on the flight. Should they just not book the ticket anyways and leave it up to me to board the plane or not. I feel they are trying there best to rush me out of the country because they have broken so many laws.

I know i cannot work now until i am back in status and it is going to be very difficult to remain in the US with no work or income but here are my questions.

 

Should we just get married immediately and then file for the correct forms to apply for the green card and EAD permit? Is it ok to get married out of status?

Should i write my employer informing them of my decision ? They owe money and i feel if i tell them i am not leaving they will withhold it longer.

Will it matter in the long run that i refused to leave the country?

If i do stay and get married and file the paperwork how much will being out of status and out of work matter ?

 

Thank You all in advance

 

 

 

 

[Boiler 46,293]

marry now and adjust.

 

Go home come back and marry leave and file a Cr1 about a year or so

 

Go home and meanwhile she files a k1 come back as a Fiancee about 9 months

[OldBritAbroad 15]

If you marry immediately and submit your application to adjust status soon after (the paperwork takes a little time) yes you’ll be out of status for a short while. However you cannot work until your EAD Card arrives, which could be 4-5 months after USCIS receive & acknowledge your application. Do you have access to sufficient funds for this period? If not I would suggest leaving and doing the K1 (or CR1 if you get married before you leave) instead.

 

Best of luck!