Can my boyfriend file for an extension? 4 Answers as of September 09, 2010

My boyfriend is from Norway and has been studying at a university in California where we met. His student visa expired with the completion of his studies and he must leave soon. We would like to know what our options are. He has already finished his masters in chemical engineering but does not have a job in the US. We cannot bear to be apart once his visa is over. I will happily marry him if that is an option. What can we do?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, marriage is an option, of course, if you are in a genuine relationship and would get married anyway (not just for immigration purposes). That would allow him to remain in the US and apply for permanent residence on the basis of the marriage.

Please feel free to contact me directly to discuss this process and any other possible options and for any assistance with this matter.
Answer Applies to: California
Replied: 9/9/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I understand the problem you are facing. Typically your boyfriend will need to go back as you file for a visa, which can be done through consular processing with him getting a fiance visa at the U.S. embassy in Norway, after you file the initial petition for him (Form I-130), which will take up to 3-5 months. Or, if his visa has not yet expired, you may marry now and file for a regular petition for alien relative (also Form I-130) while he is here. But it has to be done before his last day to depart occurs, which is within 60 days of the last day on his visa. He may also have an option to do work related to his degree under optional training (OPT), which can extend his visa. But to do more, I will need to consult with you, likely via phone, which will carry a small consultation fee, which can be paid by PayPal. If you want to pursue this further, please by all means call or e-mail. Best to you and your young man.
Answer Applies to: California
Replied: 9/9/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You may marry your boyfriend and petition him for permanent resident status ("green card") in the United States. The process takes roughly 4 to 6 months to complete and he does not need to go back to Norway, and can wait in the United States for the process to complete. At the end of the wait you and he will both be interviewed by a USCIS officer who will determine whether to issue your husband a green card or now.

USCIS filing fee is $1365, so it is rather a big expense. My office charges $1200 to $1500 depending on whether you have sufficient sponsorship. Please feel free to contact my office and I can help him obtain a green card after marriage.
Answer Applies to: California
Replied: 9/8/2010
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