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Boyfriend Has Expired Visa, Can He Get Green Card if We Get Married

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  • 11-28-2010, 08:51 AM
    funkstep
    Boyfriend Has Expired Visa, Can He Get Green Card if We Get Married
    My boyfriend was brought by his parents to the U.S. from Guatemala when he was 7 years old. When they first moved here they had a visa but it has expired many years ago and they have not renewed it. He has been here for about 12 years. I am a U.S. citizen so when we get married will he be able to get a green card?
  • 11-28-2010, 09:01 AM
    cyjeff
    Re: Boyfriend Has Expired Visa, Can He Get Green Card if We Get Married
    No. That is not how the process works.
  • 11-28-2010, 09:17 AM
    Mr. Knowitall
    Re: Boyfriend Has Expired Visa, Can He Get Green Card if We Get Married
    cyjeff, actually in many cases that is how the process works.

    He entered on what type of visa? Does his family have any of the documentation pertaining to their original entry?

    For most visas, having originally entered legally, he can petition to adjust his status based on marriage to a U.S. citizen.
  • 11-28-2010, 09:26 AM
    funkstep
    Re: Boyfriend Has Expired Visa, Can He Get Green Card if We Get Married
    I'm pretty sure it was a B1/B2 visa, and yes they have documentation on their original entry. Would we have to get a lawyer when applying for the marriage visa?
  • 11-28-2010, 09:32 AM
    Mr. Knowitall
    Re: Boyfriend Has Expired Visa, Can He Get Green Card if We Get Married
    He wouldn't seen a spouse visa unless he leaves the U.S., and that will trigger a ten year period of ineligibility. Since you have suggested that he's in the U.S., as previously indicated, he would petition to adjust his status based on marriage. There are hundreds of threads in this forum discussing that process.
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