if I marry my boyfriend before his visa here expires, can he stay?

I am a US citized who worked in Abu Dhabi. I have a significant other who got a B2 visa to travel with me in the US to meet my family. When we arrived my family loved him. On my time a friend set me up with a job interview and I was offered a job here in the US. I wish my partner to stay, so I proposed to him. We did not have an intention of engagement as my divorce is still pending for another 30 days. However I wish to marry him before his visa expires; we want to settle in here. However, I don’t know what legal issues that I may face. Can you advise what we should do?

Asked on October 25, 2015 under Immigration Law, Missouri

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if you get married to him AFTER your divorce is finalized, he will be eligible to adjust status to permanent residence on the basis of your marriage.  I would strongly suggest that you not marry within 90 days of his entry to the US as that may be seen as misrepresentation of intent at the time of his entry to the US in B-2 status which does not allow for immigrant intent.


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