marrige expired F1 Visa holder

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007stanzi

New Member
Does anybody know about expired F1 Visa holder.
I am in the process to get a green-card. I applied throw my work. My boyfriend has not been back to school for 6 years so no way to get a new F1 Visa. Would it help if I marry him during the process of my green-card or after I received it. Would that help us to reestablish him in the US. :eek:
 
So what is his status now? Make sure he's not overstay here or out of status. If he's out of status, you won't be able to help him unless you're a USC and intend to marry him so his status (if he's out of status) will be forgiven.

Note: even after you get a GC, to sponsor him, it will take a few years until the visa available for him. Unless you're a USC. Usually only takes 6 months to 2 years depending on your DO.
 
thanks for the answer

mikew151 said:
So what is his status now? Make sure he's not overstay here or out of status. If he's out of status, you won't be able to help him unless you're a USC and intend to marry him so his status (if he's out of status) will be forgiven.

Note: even after you get a GC, to sponsor him, it will take a few years until the visa available for him. Unless you're a USC. Usually only takes 6 months to 2 years depending on your DO.
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Ask your BF to contact a lawyer and try for AOS based on Employment based GC, if the employeer is willing to stick his neck out for him and sign all the papers. My friend who overstayed on a B2 visa got his GC after 5 years in the process by paying a fine of $ 1000 and filing I-485 A .

Please consult a GOOD imm lawyer as they is a possibility your BF may be deported if he cannot get excemption .
 
answer

If you are eligible for 245i clause, your BF would be able to take advantage of 245i benefits. You must marry him before your AOS adjourned, otherwise, he would not be able to get his GC with you at the same time as a derivative. 245i is grandfatered clause so that you need to make sure that you filed your LC or I-140 before its deadline.

If you are not eligible for 245I, you need to consult with a lawyer about D/S status for F-1 student. He might have to leave the country and be able to go through Consulate Process because you BF is out of status that prevents him from filing AOS, but D/S status does not cumulate the time of his overstay until his overstay was notified by an immigration judge or official. Be careful about this. PLEASE TALK AT LEASE TWO COMPETENT LAWYERS IF YOU PROCEED THIS. He must disclose all his activities including employement history in the U.S. with his lawyer. D/S might ONLY waive 3/10 year ban, but work without auth is another potential problem for many people. Sometime, people have multiple offenses. Once he is out of the country, he would have a difficulty to come in if CP fails. I am NOT a lawyer by all means.

Good luck.
 
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