Boyfriend entered U.S legally, visa expired. What can we do if we get married?
Asked on Oct 06th, 2014 on Immigration - Massachusetts
More details to this question:
I have been dating him for about two years now and we have been living together for about a year. He entered legally from Europe and decided to stay here with me. We've been very happy and want to continue to live together but we worry about his status. We also have an age gap of 20 years. What could be the most basic complication if I petition for him to get some sort of residency? Can we be legally condemned in any way, despite the fact that our relationship is very real and very legitimate? What would be required of us to start the applications process?
If your boyfriend entered legally, and you are a U. S. citizen, you can sponsor him for the green card once you are married. The fact that you have an age difference of 20 years will be looked at by U.S.C.I.S. at the time of the interview, but that is only one of many factors that an officer looks at in determining the bona fides of a marriage case. You say that your relationship is very real and very legitimate, and so I assume that you will pass the bona fide test. I note that many entrants from Europe enter under the visa waiver program and U.S.C.I.S. in the past gave problems to those who overstayed, but that has been alleviated by recent policy that allows U.S.C.I.S. to adjudicate applications from such individuals. To start the application process, you would have to file I-130 relative petition with I-485 adjustment of status application and other relevant documentation to the U.S.C.I.S. lockbox in Chicago.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.