If my boyfriend’s student visa expired 2 months ago and I want to marry him, is that possible? What should I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my boyfriend’s student visa expired 2 months ago and I want to marry him, is that possible? What should I do?
Can he still apply for green card with his over stayed? If yes, what should we do?
Asked on February 21, 2012 under Immigration Law, Texas
Answers:
Harun Kazmi / Kazmi and Sakata Attorneys at Law
Answered 12 years ago | Contributor
Yes, you may file for his Adjustment of Status. Generally, F1 students are also permitted an extra 60 day grace period past the date of their I-20 deadline and/or OPT. Marriage to a US citizen excuses overstaying of most visas. He should process in the US and not travel outside the US until he obtains approval of the green card.
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As long as he entered the US lawfully and can document that lawful entry, the fact that his visa/authorized period of stay has expired will not prevent him from being able to adjust status to permanent residence within the US on the basis of a valid, bona fide marriage to a US citizen.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.