Will the fact that my fiance overstayed on his I-94 stop his immigration? 2 Answers as of March 28, 2011I'm a U.S citizen and I'm planning to get married to my boyfriend in April. He has an expired I-94 that was supposed to last for 2 months. Will that stop me from filing for him to stay? What do I need to do?
Nicastro Piscopo, APLC | Louis M. Piscopo
IF he came in on a B1/B2 visa and is marrying a U.S. Citizen, he remains eligible to adjust his status (apply for a Green Card) even though his I-94 has expired. You need to petition him and he needs to file for adjustment of status. These can be done simultaneously in his situation.
Answer Applies to: California