Marriage with US citizen and not living in the US. Can he sponsor me?

[kaseyk]

Is it possible to get a permanent residence through marriage and not living in the US?

My situation is complicated, I had a work visa at the time I started dating a US citizen in the US. At the time I had a work visa and our relationship was very serious but not serious enough for us to get married. Then I suddently lost my job and I had to leave the country. However, we missed each other so I came back with a tourist visa--I only got a 1 month visa.

My boyfriend and I decided to give our relationship a chance so we decided that I should stay after the month and overstay my visa (13 months now). We thought that if things worked out, we would get married and I could get a waiver and apply for residency. Or, if things didn't work out, I would go back to Colombia. However, he just received a great job offer in Germany and he'd have to move next month--not later.

We don't know what to do and now he doesn't want to take the job. He says that in order for him to sponsor me, he has to physically live in the US. And since I overstayed my US visa, I probably wont get a visa to Germany anyway. Is that true? If we do get married, could we both move to Germany or do we have to be in the US? If so, for how long? and do I have to live in the US in order to keep the residency?

Thank you.

 

[Concerned4us]

If you leave before receiving the GC, you will have a 10 year ban from reentering based on your 13 month overstay. There is a very slight possibility - but certainly no guarantee and in reality almost no possibility - of a waiver. If you intend to live in the US, you must not leave the country at this time.

If he leaves in order to take the job, it will be more difficult to prove the legitimacy of the relationship. I suggest that you would benefit from a consultation with an attorney.

 

[cadel]

You are illegal and you can't get a german visa to move with your boyfriend. He needs to stay and work in USA to make things work.If he leaves for germany,nothing will be done.

 

[Jackolantern]

If he is serious about marrying you, he'll have to turn down the German job. You can't get a green card if he moves to Germany, because the green card process requires him to reside in the US. And if you can't get a German visa, how will you make the marriage work if he goes to Germany? And even if you got the German visa, you wouldn't be allowed to move back to the US with him, if he wants to return to the US within 10 years.