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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Marrying My Fiancee Who Overstayed His Visa

    Hello,

    First and foremost I want to thank all who take the time to read and answer my post. I know my situation question has probably been asked a million times so I am going to list the details to make it short and sweet. I want to marry my fiancee who is here illegally because he overstayed his Visa. Here are the details:

    He arrived on a student visa 11 years ago, overstayed the visa for 10 years now.

    Has a social security number issued by the Department of Homeland Security and has been filing taxes all the years he has been in this country. Has had same job for 9 years.

    He has no criminal record, just two traffic tickets.

    Now based on what I have detailed above, I am under the assumption that if I marry him, I will be able to help him file for a Green card and an adjustment of status since I am a natural born U.S. Citizen.

    The only problem is that he is convinced he will not be able to qualify for a Green Card because a couple of years ago he applied for Residency and was denied. When he was denied he was not ordered to leave the country so he stayed. I know that it does not make it right but he continued his life as always. He says he has spent thousands of dollars and consulted 4 different immigration lawyers and they told him the same thing, he would not qualify for a green card even if he married a U.S. Citizen. My question is WHY?? Can anyone shed some light on this matter?? I would greatly appreciate it. Thank you!

    My state is FLORIDA.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marrying My Fiancee Who Overstayed His Visa

    If he was ordered deported and has evaded deportation, or accepted voluntary departure and did not leave, he can't adjust his status after ignoring the order or agreement. He should be able to shed light on what happened, as can his four lawyers.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Marrying My Fiancee Who Overstayed His Visa

    Hi Aaron,

    Thank you for your response. When my fiancee was denied residency he was not ordered deported nor did he voluntary offer to deport himself. His lawyer stipulated that a letter will arrive to his home address from the INS when they are ready to start his deportation hearing. Mind you, it has been two years now and he has yet to receive anything. He hasn't moved addresses so the INS knows exactly where he is. My question is; Can I marry him and start the process of applying for his green card and adjustment of status or will that just accelerate his deportation hearing?

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