Is there any reason he would be denied a green card if I am older? 7 Answers as of May 06, 2015

I am pregnant. My boyfriend's student visa expired. We want to get married. We have known each other 8 or so months. I have never been married, own my home for 5 years and worked at my job 10 years.

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Law Office of Christine Contreras | Christine Contreras
Only if immigration suspects marriage fraud and you cannot prove the validity of your marriage.
Answer Applies to: Illinois
Replied: 5/6/2015
Baughman & Wang
Baughman & Wang | Justin X. Wang
No, especially if you are pregnant by him.
Answer Applies to: California
Replied: 5/4/2015
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
If you are a U.S. citizen and you were to marry your boyfriend who lawfully entered the U.S. with inspection (with a student visa), you may complete the process of sponsoring him through an Adjustment of Status application to become a Permanent Resident (to get a "Green Card"). This is true regardless of whether his student visa has expired and regardless of whether you are significantly older than he is. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 5/4/2015
Law Offices of Peter S. Kollory | Peter S. Kollory
Not because of the age, but it raises questions on how long he has been in the USA with the expired visa. Much depends on his length of overstay as to whether he can be admitted back into USA after a certain period of time.
Answer Applies to: New Jersey
Replied: 5/4/2015
Penn Law
Penn Law | Gigi Penn
I assume you want to get married and petition your boyfriend as your spouse. His age, as compared to yours, is not relevant to getting his green card. What's relevant is whether the marriage is valid and bona fide. Having a child together is prima facie proof of a bona fide marriage. Seek the assistance of an immigration lawyer to avoid delays and to protect your rights.
Answer Applies to: Washington
Replied: 5/4/2015
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You guys should be fine. The age difference is only one factor but the pregnancy will offset it. As long as he entered the US with a visa, even if he overstayed, he can apply for a green card through a marriage to a US citizen. The entire process only takes 3 to 4 months from start to finish.
    Answer Applies to: California
    Replied: 5/4/2015
    Law Offices of N.J. SAEH PC | Noel J. Saleh
    While some individual USCIS adjudicators might have an issue with an "older women", there is no legal reason why your boyfriend would be denied resident status. At most, they would want some additional verification that you are in a real marriage. The birth of a child should be sufficient.
    Answer Applies to: Michigan
    Replied: 5/4/2015
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