What should we do if my J1 visa already expired and I'm engaged to a same sex partner? 3 Answers as of November 20, 2014

I'm a J1 visa holder and I'm engaged to I'm a J1 visa holder. We are planning to get married soon but the problem is my visa expired weeks ago. I would like to ask what is the best thing we should do? Should we pursue the marriage plan? How can I be able to stay here legally after the marriage? And will our same sex relationship make it more difficult for us to make me stay here?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you entered the US lawfully and your partner and soon to be spouse is a US citizen, it should not be an issue.
Answer Applies to: California
Replied: 11/20/2014
Morales & O'Connor, PLLC
Morales & O'Connor, PLLC | Myron Morales
The answer to your question will depend on whether you are subject to the two-year foreign residency requirement, 212(e). If so, you need to get a waiver before you can adjust. If not, then you may be ready to submit an application to adjust your status to permanent residence. Since DOMA was overturned, you will not have problems regarding your relationship.
Answer Applies to: Texas
Replied: 11/17/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You will be fine. You can stay, marry and apply for your green card without any penalty. Just consult with an experienced immigration lawyer first.
Answer Applies to: California
Replied: 11/17/2014
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