What Should I Do If I Wait to Re-Marry here in the U.S.?

Question:

I came to U.S. with B-1 visa, and married a U.S. husband. Now, my divorce has taken a while to come through, and I am now out of status in U.S. If I wait to re-marry here in the U.S. with a U.S. Citizen or a Permanent Resident (Green Card holder). What should I do?

Answer:

If you marry a U.S. Citizen, you can apply for Adjustment of Status inside U.S. However, if you marry a Permanent Resident, the mere filing of an immigrant visa I-130 petition on your behalf does not give you permission to remain in the United States.

However, beware of leaving the U.S. If you remain in the United States unlawfully for more than 180 days, you may not be able to return to the United States for 3 years. If you remain in the United States unlawfully for more than 1 year, you may not be able to return to the United States for 10 years. There are waivers of the 3 and 10 year bars, if you can prove extreme hardship to your spouse. However, USCIS interprets the words "extreme hardship" very narrowly.