Is there any way to adjust his status if I marry him, or would be barred as soon as he leaves the country? 5 Answers as of April 16, 2015

My boyfriend of 5 years has overstayed for 2 years. We have been planning to get married, but he is currently attending college in another state.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If you are a USC and he came to the US with a visa, he should be able to stay after you marry and file the proper applications. See a lawyer.
Answer Applies to: California
Replied: 4/16/2015
Universal Law Group, Inc. | Francis John Cowhig
He will most likely need a waiver for his overstay. I strongly suggest that you contact an experienced immigration for a face-to-face consultation and give him/her all of the facts surrounding your boyfriend's situation. (S)he would then be in a better position to analyze his case, advise him of his options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.
Answer Applies to: California
Replied: 4/15/2015
Coane and Associates
Coane and Associates | Bruce Coane
If you're a USA citizen and you marry him, you can sponsor him. If he entered the USA legally and is otherwise eligible, he could get his green card here in the USA.
Answer Applies to: Texas
Replied: 4/14/2015
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
When a U.S. Citizen marries a foreign national who initially entered the U.S. lawfully and with inspection, but then overstayed his visa, the couple can complete an Adjustment of Status application process in the U.S. in the Immediate Relative visa category. The fact that the fianc? overstayed his visa (or even worked without authorization) will not bar eligibility for adjustment of status to become a Lawful Permanent Resident (to get a "Green Card"). If the husband temporarily will be living in another state in order to attend college, the process will become significantly more complex, since the couple will need to persuade a skeptical USCIS adjudicating officer that the couple should be deemed to be living together in a bona fide marriage notwithstanding the spouses staying in separate states. This can be accomplished with extensive documentation demonstrating the bona fide nature of the marriage, for example with documentary evidence showing attempts for the foreign national spouse to attend college in the state where the U.S. citizen spouse lives; showing attempts for the U.S. citizen spouse to find a job where the foreign national spouse attends college; evidence of visiting on weekends, skyping/texting/calling and similar details; evidence that the couple has "put their financial lives together," etc. Especially for a case with such complexities, it would be wise to engage an immigration attorney for representation. 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: 4/14/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
He can apply for his green card even if he overstayed. Just make sure that you guys are living together.
Answer Applies to: California
Replied: 4/14/2015
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