Can he stay to wait for marriage approval? 1 Answers as of November 09, 2017

My boyfriend is here on a 60 day B2 visa from Canada. It was issued at the border because of suspicions of him moving here. He has only 1 week left before he has to go back. We just found out that I’m pregnant and are hoping to get married. I will have to wait 3 days to get married. Can he overstay his visa in order to file forms? What are the consequences? We have only a little money and are hoping to file ourselves. What forms will we need to send? How long will we have to wait before we know that he is approved to stay?

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Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
While I respect that you and your fianc? face financial challenges, the situation you described presents significant risks and it would be a mistake for you and your fianc? to try to pursue adjustment of status without engaging an immigration lawyer. Very recently the USCIS announced that it will apply a high level of scrutiny to marriage-based adjustment of status cases where the foreign national spouse entered the U.S. with a visa requiring "nonimmigrant intent," i.e. an intention to remain only temporarily and then depart, and then soon took steps indicating an intention to remain temporarily. A visitor's visa (or entering from Canada with TN status) requires nonimmigrant intent. Marrying a U.S. citizen is an event reflecting immigrant intent, and the USCIS may deem your fiance to have fraudulently entered the U.S. by misrepresenting his intention. Immigration fraud can have very harsh consequences, including a permanent bar to immigration benefits. An applicant can try to persuade immigration officials that he had nonimmigrant intent, but understandably changed his mind after learning his girlfriend is pregnant. That becomes more challenging when immigration officials at the border already suspected immigrant intent even before he knew you were pregnant. There are several options that may be appropriate to consider to achieve your goal of living together and raising a family in the U.S., with your husband attaining Permanent Resident status (i.e. getting a "Green Card"). There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answer Applies to: Georgia
Replied: 11/9/2017
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