From H-1B to Green Card Through Marriage: Your Pathway to Permanent Residency When Love Was Always Part of the Plan
If you're in the U.S. on an H-1B visa and you've found love with a U.S. citizen or lawful permanent resident (LPR), your story isn’t just one of professional achievement—it’s also one of connection, commitment, and building a life together. When your marriage is based on a genuine relationship and love has always been in the picture, adjusting your immigration status through your spouse might be one of the most natural—and legally sound—paths forward.
As a marriage immigration lawyer and the founder of one of the only law firms in the United States exclusively focused on marriage-based and family-based immigration, I’ve had the honor of helping hundreds of H-1B visa holders transition from employment-based uncertainty to green card security—all through the power of love and a well-prepared petition.
Why H-1B + Marriage = A Smart Immigration Strategy
The H-1B visa is one of the few U.S. non-immigrant visas with dual intent, meaning you can legally be in the U.S. temporarily while also intending to apply for permanent residency. This opens the door for H-1B holders to pursue a marriage green card without violating the terms of their visa.
And if you're already married to a U.S. citizen or lawful permanent resident—or marriage was always on the horizon—you can pivot smoothly from your employment-based status to a family-based adjustment of status without needing to leave the U.S.
This is especially valuable if you’ve been laid off or are at risk of losing your H-1B job. Unlike employment-based visas, a marriage green card is not tied to a specific employer, meaning you are no longer at the mercy of corporate restructuring, layoffs, or immigration compliance audits.
What Happens If You Overstay After a Layoff?
If you're married to a U.S. citizen and your H-1B has lapsed due to a layoff or delayed job change, the law still offers a lifeline. One of the most powerful aspects of the adjustment of status process is that unlawful presence after your visa expires is forgiven if you’re adjusting based on marriage to a U.S. citizen.
As long as your last entry to the U.S. was lawful (i.e., you were inspected and admitted), you're eligible to file Form I-485 and adjust your status—even if your work authorization period has ended or your I-94 has expired.
You Can Have a Marriage Green Card Case Even if Your Employer Started an I-140
Many H-1B visa holders assume that if their employer has already begun the employment-based green card process (PERM, I-140, etc.), they must stay on that path. Not true. You can simultaneously pursue a marriage-based green card, and you are under no legal obligation to inform your employer. Your marriage-based case is entirely separate, and your employer cannot retaliate or interfere with your family immigration process.
How Our NYC Law Office Prepares H-1B Marriage Green Card Cases Differently
At our firm, we do things differently—and intentionally. We’re not a general practice immigration firm. We are one of the only law firms in the country that focuses exclusively on marriage-based and family immigration. This means every system we’ve built, every legal strategy we deploy, and every question we ask is tailored specifically to your unique path.
Here’s how we support you:
Detailed Intake Review: We evaluate your current status, overstay history (if any), visa category, and entry records.
Dual-Intent Counseling: We explain how your H-1B status intersects with marriage-based eligibility so you feel confident and legally informed.
Employment Disclosure Strategy: We guide you through what you must—and must not—share with your employer.
Fast Work Authorization: We file Form I-765 along with your I-485, so you can typically receive your EAD card within 60 days of filing.
Mock Interviews: We conduct in-depth mock USCIS interviews (often tougher than the real thing!) to prepare you and your spouse.
The Real Story: Two Clients, Two Journeys from H-1B to Marriage Green Card
Case Study 1: Arjun from India – A Software Engineer in Limbo
Arjun came to the U.S. on an H-1B visa and was laid off during tech industry downsizing. At the same time, his relationship with his U.S. citizen girlfriend, Natalie, was blossoming. They had always planned to marry, but the job loss sped up the timeline.
We helped Arjun and Natalie file a marriage green card application just two weeks after their wedding, with a full packet including I-130, I-485, I-765, and I-131. He received his EAD in just under two months, allowing him to start a new job while waiting for his green card. Six months later, he received his interview notice. Today, he’s a green card holder.
Case Study 2: Lisa from the UK – Balancing Employment-Based and Marriage Paths
Lisa’s employer had already filed an I-140 on her behalf when she married her longtime partner, Jake, a U.S. citizen. She was unsure whether she could pursue a marriage green card while the employment-based process was pending.
We assured her she could—and guided her through the process. Lisa never told her employer as she feared that her boss might lay her off as the company was laying off her fellow co-workers. We filed her adjustment of status case, and she now has both work authorization through her marriage green card case and peace of mind that her future isn’t tied to a company’s bottom line.
Our Sweet Spot: Helping F-1 and H-1B Visa Holders Adjust Through Marriage
Nearly 90% of our practice in New York City is dedicated to people who entered the U.S. on an F-1 or H-1B visa and fell in love while studying or working here. They come to us when they’re ready to settle down and stay.
We’re here to guide you through every step of the marriage green card process, so you can focus on your relationship, not immigration paperwork.
Why Clients Call Us the Best Immigration Lawyer NYC for Marriage-Based Cases
We’re more than just your attorney—we’re your partner in building a life together. Our deep focus on marriage-based immigration, our client-centered process, and our proven success with complex H-1B and F-1 transitions set us apart.
If you’re looking for a marriage immigration lawyer who understands both your love story and your immigration goals, you’ve found us.
FAQ: H-1B Marriage-Based Green Card Questions
Q: What if I’ve overstayed my H-1B visa after a layoff?
A: If you are married to a U.S. citizen and last entered lawfully, overstay is forgiven during the adjustment of status process.
Q: Can I still apply for a marriage green card if my employer filed an I-140 for me?
A: Yes. You can have both processes pending. You do not have to tell your employer about your marriage-based petition.
Q: When can I start working again?
A: You can apply for a work permit (EAD) with your green card case, and many of our clients receive theirs in just 60 days.
Q: What if my spouse is a green card holder, not a U.S. citizen?
A: We can still help you—timing and strategy will vary slightly, but marriage to an LPR can still be a valid basis for a green card.
Ready to Turn Love into Legal Residency?
Let’s talk. We’ll help you build a clear, confident path from H-1B to green card through marriage, just like we’ve done for hundreds of others. Based in New York City, serving clients across the U.S. and around the world. Schedule your consultation today!