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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Marrying Someone with Expired Visa

    My fiancee came here legally through a tourist visa and an extension was denied. He has remained here (overstaying his visa) for an additional year and a half. We are engaged, living in NY and would like to know the best way to get him legal status.
    Can we apply once we are married without penalty? Do we have to go back to his country to apply from there?
    From what I've read on the USCIS website, it says if you entered legally you are okay...but it does not mention if you entered legally but no longer have that legal status.
    In addition, the USCIS website will say "if you qualify" or "if your application is approved. What are the "ifs"??
    Any help/advide/leads for more info will be much appreciated!!!
    Thank you

  2. #2

    Cool Re: Marrying Someone with Expired Visa

    Check out this thread, same problem as yours:

    http://www.expertlaw.com/forums/showthread.php?t=65136

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