My boyfriend and I would like to get married (I am a US citizen), and we are trying to determine if it would be possible for him to return to the United States after overstaying his visa. Here are the details.
He came to the US on an F1 Student Visa with D/S status on his I94 in September 2004. His visa was valid for two months. He overstayed by 3 years, and stopped taking classes after only 2 months. He left the US in May 2008 voluntarily and without incident.
We would like to know if it will be possible for him to re-enter, if we would have better chances if we get married in his country and try for a marriage visa or if we try for a fiance visa and marry when he comes to the U.S, and what sort of timeline we could expect. Has anyone dealt with a similar situation, and if so, what was the outcome?
I have found the following statement, and would like to know if it would apply to him, since he has never been contacted by any officials regarding his overstay, or if it is not valid since he stopped taking classes while he was here?:
“If I-94 is valid for Duration of Status (D/S), unlawful presence begins only if and when an INS judge or adjudicator declares the person in violation of status.”
Any help is greatly appreciated. We are also looking for an immigration lawyer that has had success with this type of case, and any recommendations would be welcome. Thank you for any advice!!