Wednesday, May 28, 2014
boyfriend's student visa is expired, what should we do?
boyfriend's student visa is expired, what should we do?
Ok he was here for highschool, he graduated this past may. He can't attend college due to the expired visa. Our plan was that after I turn 18, (in 4 months) we could get married. Now, I did read on here that as long as he came here legally, we could get married and he'd be given a green card easily as long as he came here legally. It's just that his student visa expired, BUT I read some other, scary things after that. Apparently he is an illegal alien, with an expired student visa, breaking the law, etc! I'm hearing all kinds of different things though.. . like, some states will allow you to marry, some won't, yes you can get married w/ the expired student visa, no you can't! I need to know the truth! Though I shouldn't be asking yahoo answers... Basically I just need to know what's the best thing he should do. I really do love him, and he loves me. I CAN NOT lose him. Alright? Don't give me that "you're too young" crap, ok, i'm willing to take a risk. .. So ya, applying for the student visa can take 1 to 2 years he says if he goes back, and plus he'll have to join the army for, like, 1 and a half years because in taiwan it's mandatory, I hear. Should he apply for a student visa or a fiancee visa? Is there anyway to just stay here and ?? ? no? I'm freaking out. Please help ~
Immigration - 8 Answers
Random Answers, Critics, Comments, Opinions :
1 :
I dont know the legal answer, but i do know the moral one.... if your in love girl, then marry him! Just wait and see what happens after.
2 :
Sponsor him for a K-visa, which is a fiance visa so he can stay until you two get married. It alsts for I think six months.
3 :
what you need to do is contct a lawyer some one you can trust like a family friends or your family lawyer they are the ones who can best help you they understand law the best....and i dont think that getting accepted for a visa takes 1-2 years i've applied for and h4 visa ,i noe its different but its still a visa, and the longest its taken me to get it is about 3 months the shortest was i think about 2-3 weeks good luck:D
4 :
As his visa already expired, he has to go back to his country. It is not true that some states will allow marriage while others won't, this is a federal law, not a state law so here is what you two can do: Your boyfriend has to return to his country of origin then you ask for a K-1 visa (USCIS is the right authority at which you will have to submit your claim, you and not your boyfriend!). Obtaining a K-visa takes several months (but usually less than a year). When he gets his visa, he can go back to the States to marry you within 90 days (this is an important requirement because if it does not happen in that timeframe, he breaks the law). He should NOT apply for another student visa and he is not allowed to anyway. So the only way to get him back is to apply for a K-visa. He has to leave the country and wait in his country until his case is processed. If this does not happen the way described and your boyfriend stays in the U.S. illegally, there will be no way to make his status legal. He has to leave for a period of time no matter where or how the marriage takes place. If you get married in another country, he won't need a K visa but he will still have to wait for his green card in his country. He is already illegal, don't wait to start the right procedure. It is not true what the other person said above me, it matters what kind of visa he can obtain and he is not allowed to get another student visa. Of course, it is easy to obtain one first but when that expires, the person is not allowed to apply for another one for awhile. That is why it takes long and be advised that a student visa is a non-immigrant visa so that is not good for him if he wants to live in the U.S. permanently.
5 :
Make sure he DOES NOT leave US. If he does, it is going to be very very hard to come back. Now the best scenario for you would be to get married as soon as you become of legal age and file a form I-130 and form I-485 for him. He is illegal but he will be forgiven as he would be married to a US Citizen and his entry (original one) was inspected meaning he did not cross the border undocumented or without inspection. If he came on a visa to US, he is able to adjust his status based on marriage to a US Citizen. If he goes back to his country, it would result on a ban on him. If he stayed less than 180 days illegal would result in 3 year ban and more than 180 days would result in 10 year ban. To waive it, you would require a waiver which can be hard and tricky. You can consult a lawyer (a knowledgeable one) for some advice if you like
6 :
I have met a lot of women who thought I was pretty hot, but they needed green cards. He is probably using you. After all, you are not even 18 yet. You will learn though, after he dumps you and the baby, what he wanted.
7 :
Well, if he's no longer in status on his student visa, he could be deported, but the probability that it will happen isn't very high. However, if you two do get married, you need to take a good look at his visa. If he came over on a J rather than the more usual F visa to attend school, he may need to get a waiver of the 2 year residency requirement before he can get immigrant status. If he has a J visa and the visa notes he's subject to the 212e residency requirement, then he'll have to get a waiver through the State Department. As for getting married itself, marriage laws fall under state law, not Federal law, and the laws do vary from state to state. Immigration laws are Federal laws, but not marriage laws. If you marry, you'll need to file an I-130 immigrant visa petition, an I-485 adjustment of status request, and a work authorization request as well. It won't be cheap, it will cost over $1,300 just to file all the forms, and they need to be filed at the same time to do you any good. But once you marry and file the proper paperwork, he won't be subject to deportation while everything is being processed. He won't be able to leave the US and return while he's being processed unless he applies for and gets Advance Parole. If you marry and he returns, you can file an I-130 petiton for him, and then you'll have to wait until that's processed. It takes a year or so for USCIS to process and approve the petition, about 6 months for the National Visa Center to process it some more and then send it to his home country for the visa interview. If you don't marry and he leaves, you could file the I-129f K petition. That will take a year or so again, but the NVC does its processing much faster, so it doesn't take 18 months. If he's out of status, he can't change to student status while in the US. He'd have to leave and apply back home. If he's been out of status for over 6 months, he would be ineligible for any visa for 3 years, and if he's been out of status for 12 months, he'd be ineligible for 10 years. So, you have lots to think about. Take a look at uscis.gov and you'll find the forms and fees I'm talking about. Plus, take a look at the instruction form for filing the I-485. There's lots of important information for you there. Good luck.
8 :
He can't apply for anything at this point from the USA because he is illegally here. He needs to go back to his own country, and then you can petition him with a fiancee visa. There is no other legal way. At this point, he is subject to deportation. If this is done then there is a 10 year ban on him. You could always go back with him to his own country.
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