What happens if my Visa expires while applying for a Green Card through marriage?
I am currently on an H-4 visa through my father (H-1B) and plan to get married/apply for a green card in the near future.
But my question is, what happens if my H-4 expires while everything is being processed?
My visa will expire on September 16 2012.
For example, if my fiance and I get married, and start the application process at the end of August, (I-485 and I-130), am I subject to being deported after September 16th since my status as an H-4 visa holder expires?
Any insight would be greatly appreciated, thank you!
Brother_Hesekiel, thank you for your reply.
What happens if the I-94 expires on the same day as my H-4 does? (I'm not sure if this is the case yet, I am not at home)
- 9 years agoFavorite Answer
Dont drop the soapSource(s): Story of my life
- Brother HesekielLv 79 years ago
First, the visa is a permission to enter. Once you have entered and are inside, the visa can expire. What gives you authorization to stay in the I-94.
Next, as soon as the USCIS has received your AoS package, you'll enter a "period of authorized stay." That's not a status per se, but a twighlightzone where the boundaries of time and space get blurred.
Finally, "unlawful presence" is not being made an issue of for spouses of US citizens at the AoS stage or any time thereafter. For that reason people who have been out of status for 20 years can adjust status without problems.Source(s): The son of a German mother and a Swedish father, I have lived in 6 European countries before immigrating to Southern California two decades ago. I work as a corporate attorney in Santa Barbara and answering questions here is my way of giving back.
- George LLv 79 years ago
as long as you've filed both forms, you aren't subject to deportation until a final decision is made on the two forms, and only then if you are denied. chances are good that you won't be denied, although there's no guarantee, but assuming you are denied on the I-485, you'd be given a chance to leave and have an immigrant visa interview back home. it would be foolish not to take them up on that. the chances of your I-130 being approved are about 100% assuming you are in fact legally married and your spouse is an American citizen. the decision on the I-485 is a bit trickier but usually is approved.
- 9 years ago
if you are out of status, you are out of status. if you have bad luck, you can get picked up and sent to immigration detention, i.e. the most common way people end up being picked up is drunk driving, broken tail lights, or some other car defect. If you get stopped while out of status, they could decide to release you on your own recognizance or they could detain you. Either way, you are subject to removal proceedings. The next issue then is what is your judge like and how does your criminal record look? If you get married after you get put in proceedings, the assumption will be the marriage is fake. Even if you start the process before getting picked up, it is up to the judge to either deport you or be nice and give you a continuance while you are waiting to get legal status. I work in immigration court and one judge won't give anyone a break -- everyone that is removable goes, regardless of what they have in the works. Another will always continue the case. In other words, it's all a matter of luck. don't be stupid, get married now or get your H-1B renewed.Source(s): work in immigration court for past five years