I am on h1b want to get married to green card,can i stay in US?

Question

I am on h1b want to get married to green card,can i stay in US?

Answer 1

You can stay as long as you're in status on your H1b. Your spouse should file an F2a I-130 immigrant visa petition as soon as possible after your marriage. These petitions take 5 years or so before they become valid for immigration purposes. You will get no immigration benefit benefits from the marriage before the petition is valid for use. But, you can stay here in your H1b status while waiting for the immigrant petition to become valid, unless that status expires before the petiiton can be used.  If your spouse becomes a US citizen while you're waiting on her petition, she should inform USCIS as quickly as possible afterwards, as the F2 petition would then be upgraded to an IR-1, spouse of a US citizen. Those petitions are valid for use immediately after they are approved. However, if your spouse doesn't tell USCIS about your petition, they won't go looking for it on their own.