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My partner is currently studying here in the US with a student Visa. He is at risk of being sent back home for a few things; low GPA and changing his major without telling his country. We do want to get married but wanted to wait another year; if we marry now, will it keep him in the US? We are a gay couple and would need to travel to another to be married. My question is- will marriage keep him in the US or is their an alternate route we should take to keep him here?
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Law Offices of Daniel Shanfield - Immigration Defense, PC
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Hi - our office has helped many same sex couples with their immigration problems. Marriage by itself won't keep an immigrant in the US. The US citizen spouse would have to file an immigration petition for his immigrant spouse, and if otherwise eligible, the immigrant spouse could obtain legal residency by applying for adjustment of status.
It's hard to tell if there are other options for your partner. In some countries, gay men and women face persecution, which might qualify an applicant for asylum in the US. I would recommend speaking with an experienced immigration attorney to find out all your options.
Let us know if we can help. Good luck!
Daniel Shanfield
http://www.immigration-defense.com/
(408) 275-6565
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Answered on May 20th, 2014 at 1:38 AM