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H1b Holder Marrying Somebody Who Has Overstayed A Visa

Talk about immigration laws here

H1b Holder Marrying Somebody Who Has Overstayed A Visa

Postby Fallon » Wed May 14, 2014 6:05 am

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 I have an argentine boyfriend who had a student visa which was revoked a year ago.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
Fallon
 
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Joined: Thu Jan 09, 2014 5:21 am
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H1b Holder Marrying Somebody Who Has Overstayed A Visa

Postby Duffey » Wed May 21, 2014 3:27 am

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?
Duffey
 
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H1b Holder Marrying Somebody Who Has Overstayed A Visa

Postby Dyami » Fri May 23, 2014 9:05 pm

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.
Dyami
 
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H1b Holder Marrying Somebody Who Has Overstayed A Visa

Postby gall » Sun Jun 01, 2014 12:18 pm

Estimating needshelp<br />
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One of his true instructors decreased him without his understanding so he was underloaded. he appealed but was refused. The faculty suspended his credit I believe in jan of the year. <br />
he didn't abandon the nation after that.<br />
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He is arising about the stage where he'll have overstayed with a year or even more, and you will be susceptible to a ten-year amount of exclusion.<br />
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Estimating needshelp<br />
I really like him and that I would really like him to remain and never be banned fro reentering the nation. May marrying function as the solution? Does it affect my standing when they discovered he overstayed or is everything to continue?<br />
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You are not a resident and he is out-of standing, therefore marrying him will not help.<br />
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Estimating needshelp<br />
Have you been a immigrant attorney by any opportunity?<br />
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Within this community, I am unknown. Nothing more, nothing less. I actually do believe it is a great concept for him to consult an immigration lawyer.
gall
 
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H1b Holder Marrying Somebody Who Has Overstayed A Visa

Postby Bronsson » Fri Jun 13, 2014 11:53 am

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?
Bronsson
 
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H1b Holder Marrying Somebody Who Has Overstayed A Visa

Postby Bruno » Sat Jun 14, 2014 10:45 am

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.
Bruno
 
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