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  1. #1
    Join Date
    Dec 2006
    Posts
    3

    Default H1B Holder Marrying Somebody Who Has Overstayed A Visa

    Hi, I am here in the US with a current H1B status and applying for immigrant status. I have an argentine boyfriend who had a student visa which was revoked a year ago. I really don't want him to go back home and neither does he. Right now we feel confused about what course of action to take:
    1. If we marry here and now will he be granted a dependent status?
    2. Should we marry here, then he goes home, then file for dependent status for him? or
    3. Should we both go and we marry in argentina and then I file dependent status here?
    which option is quickest and safest for him and me?
    please help

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

    Default Re: H1B + Illegal = ?

    It was slighly under a year ago, or slightly over a year ago, that his visa was revoked? Why was it revoked? Did he leave the U.S. when his visa was revoked?

  3. #3
    Join Date
    Dec 2006
    Posts
    3

    Unhappy Re: H1B + Illegal = ?

    one of his teachers dropped him without his knowledge so he was underloaded. he appealed but was denied. the college revoked his visa i think in january of this year.
    he did not leave the country after that.
    i love him and i would like him to stay and not be barred fro reentering the country. will marrying be the answer?will it affect my status if they found out that he overstayed or is it all right to proceed?
    thanks for your reply. are you a immigrant lawyer by any chance?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: H1B + Illegal = ?

    Quote Quoting needshelp
    View Post
    one of his teachers dropped him without his knowledge so he was underloaded. he appealed but was denied. the college revoked his visa i think in january of this year.
    he did not leave the country after that.
    He's coming up on the point where he will have overstayed by a year or more, and will be subject to a ten year period of exclusion.
    Quote Quoting needshelp
    i love him and i would like him to stay and not be barred fro reentering the country. will marrying be the answer? will it affect my status if they found out that he overstayed or is it all right to proceed?
    You're not a citizen and he's out of status, so marrying him won't help.
    Quote Quoting needshelp
    are you a immigrant lawyer by any chance?
    In this forum, I'm anonymous. Nothing more, nothing less. I do think it's a good idea for him to consult an immigration lawyer.

  5. #5
    Join Date
    Dec 2006
    Posts
    3

    Default Re: H1B + Illegal = ?

    Thanks a lot Mr. K. That was really helpful. At the very least I just wanted to know if there was anything I could do.

  6. #6
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default Re: H1B + Illegal = ?

    You mentioned that you are applying for Green Card. If you marry him and eventually become an LPR, your future husband would also have a Green Card. However, there are additional details which have to be ascertained before electing this route. You need to consult a competent immigration attorney.

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