How can I get my fiance to stay in the US if he is on a temporary visa? 12 Answers as of September 09, 2011

My fiance was in the us from Africa with a temporary visa. We met and fell in love. I am now pregnant with his child and would like to find a way he can be here with us. Him and I both wanna be a family and get married.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You are free to get married, petition for him, and, under what is an exception in the law called an "anomaly", he can, even though he overstays his visa, can apply for adjustment of status (his green card). You will need an attorney to aid you in getting that petition and application to succeed, for their are many tricky elements to it that can trip up someone who is not knowledgeable. Feel free to phone or e-mail me for an appointment. Hope to be of help.
Answer Applies to: California
Replied: 9/9/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If you are a US citizen you can file immigration petition for him. It will take about 4-5 months to get interviewed. If CIS approves the petition, he will get green card. If you are not US citizen, then you need to consult with immigration lawyer ASAP to determine his options.
Answer Applies to: California
Replied: 7/21/2011
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
It depends on the visa. Most legal entries allow for obtaining permanent residence in the U.S. if he marries a U.S. citizen. There are a few exceptions. I would suggest contacting an attorney to review the documents.
Answer Applies to: New York
Replied: 7/20/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
Depending on the type of visa he is here on you may be able to petition based on marriage. If you entered legally and is not on one of the few visas that limit his ability to adjust his status, you could get married and a file a petition for his green card. You should speak with an experienced immigration attorney to determine what your options are.
Answer Applies to: Georgia
Replied: 7/19/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You may be eligible to file for an adjustment of status application for him, depending on how he entered, his intentions at the time, and other immigration issues. Depending on jurisdiction, a person can sometimes file even if out of status and does not need to depart the United States. I encourage you to make an appointment now with a competent immigration attorney in your jurisdiction who can analyze your case fully.
Answer Applies to: California
Replied: 7/19/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    He can adjust his status. Please consult with an immigration lawyer.
    Answer Applies to: Texas
    Replied: 7/19/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Well, if you get married, most probably he can adjust status to permanent resident and stay here. I am not sure what kind of visa he has. There are some visas that do not allow you to change status or adjust. I suggest you talk to an immigration attorney before you apply.
    Answer Applies to: Nevada
    Replied: 7/19/2011
    The Law Office of Anne Whipple
    The Law Office of Anne Whipple | Anne Whipple
    The general rule is that a person, who enters the US in valid non-immigrant status and who is the spouse of a US citizen, may adjust status (get a green card without leaving the US). There are exceptions to this rule. You should consult an immigration attorney to see how the law applies to the facts of your case. Best of luck.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    You would need to marry him (fiance visa only works if he is outside the U.S.) and you would need to be a U.S. citizen.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Kevin Bluitt, Attorney at Law
    Kevin Bluitt, Attorney at Law | Kevin Bluitt
    You do not say the type of temporary visa...however assuming its a visitor visa (B1/B2) if he is still in the United States you can get married and then start the adjustment of status process here in the United States. The fact that you will have a child together will give credence to the bona fides of the marriage. If he returned to South Africa, you can file a fiance petition (provided you are a US citizen) and then marry him after he comes to USA. He can adjust thereafter, a little tricky but manageable.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    Get married. File an application to adjust status together with a family petition. The adjustment will permit him to stay in the US while the application is pending. Good luck.
    Answer Applies to: California
    Replied: 7/19/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    If you are a U.S. Citizen or permanent resident and you get married you can petition for him to remain as a permanent resident. Because you have a relatively new relationship there will be scrutiny of your marriage, but with proper evidence he will be able to obtain a green card.
    Answer Applies to: New Jersey
    Replied: 7/19/2011
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