If my boyfriend's student visa expired 2 months ago and I want to marry him, is that possible? What should I do?
Question Details:
Can he still apply for green card with his over stayed? If yes, what should we do?
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.
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.
