QUESTION
Since we couldn't marry at the time, is it legal to marry now and we would like to do so?
Asked on Aug 30th, 2015 on Immigration - Georgia
More details to this question:
My partner and I are in a tough situation. I went to the US on a student visa in 2008. He and I knew each other online way before I decided to go to the US. When researching the visa, I thought I had 3 months to start classes (I thought I could start classes on second term something like that) but while I was living in the US, I realized that a community college was way cheaper so I tried to change, but I was already out-of-status and had spent most of the money I had to study on a regular university. So instead of doing the right thing and go back to try a new visa sometime later, I stayed for almost 3 years! I realize now it was visa fraud, it`s been almost 5 years since I returned from the US. My partner and I never got out of touch we talk basically every day and all the time. Is there any hope? Would waiver be applicable to this?
1 ANSWER
Although not completely clear from your question, it sounds like you entered the U.S. with a student visa genuinely intending to attend the college associated with that visa, but then for the reasons you mentioned you did not attend that college; you overstayed your visa; and now, following the Supreme Court's Obergefell v Hodges decision, you are contemplating marrying a U.S. citizen. If this is correct, then you may be able to become married and adjust status to become a Lawful Permanent Resident (to get a "Green Card") without needing a waiver. It would be wise to consult with an immigration attorney who, after learning all of the relevant information about your and your fianc?, could advise about immigration eligibilities, options and strategies and represent you in an appropriate application. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Sep 03rd, 2015 at 1:24 PM