My boyfriend came over from the UK on a tourist visa. We have decide to get married but we are worried since his visa has expired. We left the country (to Mexico) since his visa expired and he was allowed back into the US at that time.Are we able to marry without any issues? Will he be allowed to remain here with me after we marry?
Generally, a foreign national who enters the U.S. lawfully and with inspection, such as with a visitor's visa, and who then becomes married to a U.S. citizen, may succeed in a marriage-based adjustment of status case to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the initial visa may have expired, and regardless of whether the marriage took place before or after the visa expired. Of course there are many additional details that determine eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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