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  1. #1
    Join Date
    Dec 2006
    Posts
    4

    Default Immigration Options for a Boyfriend

    HI there. Any help anyone could provide would be greatly appreciated. My boyfriend is from Norway, and has an F1 that expires Feb. 12. He's looking for a job that will sponsor him, but we've started to consider our other options. Am I correct in thinking these are the options?

    Option A = he gets a job that sponsors him.
    Option B = we leave the country shortly before Feb. 12, then he can come back in the country on a tourist visa, enabling him an additional 90 days to find a job.
    Option C = We get married. We're deeply in love and are planning to get married anyway.

    If we choose Option B and want to get married eventually, will that endanger a future green card application?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Immigration Options for a Boyfriend

    Option B is problematic, as if he leaves the U.S. and returns on a tourist visa to marry, the USCIS could declare that he misrepresented his purpose for entry when he entered as a tourist instead of applying for a fiancé visa. The better options would be to (a) marry before his status expires and apply for adjustment of status; (b) have him leave and return to the U.S. on a fiancé visa, or (c) have him apply for employment visas, staying in the U.S. only to the extent that he remains in status.

    I would personally consider overstaying his student visa to be a better option than leaving then returning on a tourist visa with the intent of marrying. He can still apply for adjustment of status on the basis of marriage if he overstays, but the consequences can be severe if he is found to have engaged in fraud in order to enter the U.S. If he's going to go out of status and you decide that he will overstay, or if you are intent on having him reenter with a tourist visa and then marrying, consult an immigration lawyer.

  3. #3
    Join Date
    Dec 2006
    Posts
    4

    Default Re: Immigration Options for a Boyfriend

    Thanks for the reply. Our intent is not to marry while he's on a tourist visa, but I thought the tourist visa would give him more time to look for a job that would sponsor a H1B.

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