QUESTION
Can I still marry my boyfriend even I overstayed here in US?
Asked on Jun 03rd, 2016 on Immigration - Georgia
More details to this question:
I came here in US with a J-1 visa and overstayed for almost a year now. I met my boyfriend here and we're been dating for 9 months now and planning to get married. Am I allowed to marry him knowing I overstayed? Is it possible that I would be deported? What should I file so I won't need to go back to my country?
2 ANSWERS
Yes. You can marry your boyfriend. If he is a US citizen, you can even get a green card if your J1 does not have a 2 year residency requirement.
Answered on Jul 05th, 2016 at 7:14 AM
When a foreign national who entered the U.S. lawfully and with inspection (such as with a J-1 visa) becomes married to a U.S. citizen, the couple may succeed with a marriage-based adjustment of status application process, so that the foreign national will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed a visa for a long time, and even if the foreign national spouse may have worked without authorization. It would be wise for you and your fianc?/fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise you about immigration eligibilities, options and strategies.
Answered on Jun 30th, 2016 at 5:35 PM