Hi,

If you entered the U.S. legally, even if have exceeded your authorized stay you can adjust status in the U.S. based on marriage to a U.S. citizen.

You should not travel outside the U.S. until you obtain resident status in the U.S., as issuance of advance parole document will not confer any right to enter the U.S. if you depart prior to grant of resident status. You can obtain resident status between 4 months and one year after the sponsorship paperwork is properly filed with the USCIS. Additional information is here: www.h1b1.com/Uscitizen.htm

You can contact our immigration law firm at 212-268-3580 during business hours, or email info@h1b1.com for guidance.

Green card applications are taking about 4-6 months depending on where you file the petition. So long as the applicant entered the country with inspection (with a visa) and did not leave the country afterwards, he/she can adjust status while staying in the U.S. after marrying a U.S. Citizen. The applicant should not travel while the application is pending because the 10 year bar will be triggered. Please feel free to contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: seeta@nangialaw.com

Website: www.nangialaw.com

The USCIS takes approximately 6 months to process applications for permanent residence based on a marriage to a US Citizen. You cannot leave the country until your application is approved and you obtain your resident status. If you leave the country prior to that a 10-year bar will go into effect and you will be inadmissible.