If my boyfriend’s student visa expired 2 months ago and I want to marry him, is that possible? What should I do?

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If my boyfriend’s student visa expired 2 months ago and I want to marry him, is that possible? What should I do?

Can he still apply for green card with his over stayed? If yes, what should we do?

Asked on February 21, 2012 under Immigration Law, Texas

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

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.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.


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