What to do if my boyfriend came here with a visa last year but now his visa is expired?

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What to do if my boyfriend came here with a visa last year but now his visa is expired?

The first time his visa expired, he got to extend it but now it has been expired for almost 2 months. I am a U.S. citizen and we want to get married. He currently is living in one state and I’m in another. We are not sure what we need to do but would like to start the marriage process as quick as possible. What is the time period that he will need to stay here with me for us to finish all the requirements before he can go back to the state in which he resides and are we in a situation where an attorney is a must in this case or can we do it all on our own? Note, he came here with B1 visa type.

Asked on October 27, 2012 under Immigration Law, Minnesota

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as he entered the US lawfully and can prove that lawful entry, even if he is now out of status, if he is married to a US citizen and the marriage is bona fide, he will be eligible for adjustment of status to permanent residence within the US on the basis of that marriage.  The fact that you live in different places is not a problem as long as you have sufficient documentation to prove that the marriage is bona fide.


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