Marriage to a Foreigner with an Expired Visa

[LK518]

I've been seeinga man now for about one year and we have decided that we would like to get married. Unfortunately his J-1 visa expired in October. He had tried to extend this visa so that he could transfer it to a student visa; however there was some paperwork that was requested that his former employer had destroyed and he could not access. How can we go about getting married so that I will not lose him and he can stay in the US????

[Mr. Knowitall]

You can get married by getting a marriage license and marrying. If he's out of status you'll have to check to see if you can still obtain a marriage license in your undisclosed state.

Whether or not he can adjust his status depends upon whether or not he's subject to a two year home country residency requirement. If so, he has to get a waiver or return home for that two year period.