How can my boyfriend stay in the US after his student visa expires? 4 Answers as of March 29, 2011

My boyfriend is graduating soon and his Student Visa is expired. How can he stay in the country legally? I am a graduate student and unemployed. Can I marry him and help him get his green card without being employed?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your boyfriend may be eligible to file for Optional Practical Training EAD which could allow him to remain in the US another 12-18 months in F-1 status. He should speak his the International Student advisor at his school to see if he qualified. Yes you can petition your boyfriend and he can file for adjustment of status once you are married. If you do not make enough to meet the Affidavit of Support requirements (check out Form I-864P at for fiscal requirements) you will have to have someone also file an Affidavit of Support as a co-sponsor.
Answer Applies to: California
Replied: 3/29/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are in a bona fide relationship and want to marry your boyfriend, you can do that and apply for a green card in the US. If he is no longer in school there is a risk of him being detained by immigration, that varies by jurisdiction. So the best idea is to move on that quickly after meeting with a competent immigration attorney to make sure he meets all other requirements. He can also leave and then consular process for the green card, which will take about 9-12 months. You can have a joint sponsor for the financial aspect. To really assess his case and options, please do a full consult soon with a competent immigration attorney.
Answer Applies to: California
Replied: 3/28/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You can file for him if married and he is otherwise admissible. You might need a co-sponsor if you do not have a job. The co-sponsor must be an American citizen or green card holder. He must show his last 6 paystubs, W-2 and last year tax return in addition to filling up I-864. His income requirement depends on his personal situation (Married? Kid? Ever co-sponsored another immigrant? Etc.). Good luck.
Answer Applies to: California
Replied: 3/28/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes you can petition for him. But you will need a joint sponsor for the affidavit of support.
Answer Applies to: Florida
Replied: 3/28/2011
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