I came to the state legally on F1 visa, but now i am overstayed. Me and my bf is planning to get married next year. my bf has a criminal record, can i become legal ?
In general, a US citizen's criminal history should not affect the processing of the immigrant petition of an alien spouse. Where the history may have a direct effect is in the Affidavit of Support. Many persons with criminal records have problems finding jobs and would not be able to proof having enough financial resources. One solution to that is to find a financial co-sponsor.
If you are currently without legal status, you are subject to deportation at anytime. In the Seattle area, the federal government has stepped up its immigration enforcement.
Both of you likely should review the facts with an attorney. There are many things that can go wrong in an immigration petition. It would be better to find ways to avoid problems before filing any petition with the government.
Is your boyfriend a U.S. citizen?
If so, as long as you entered on a valid visa (other than the fiance' visa which requires marriage within 90 days of entry), then you could proceed with an alien relative petition.
If your boyfriend's criminal record involves certain sex crimes, especially involving minors, then he can be
banned from sponsoring a marriage petition based on recent Federal legislation.
He will need to prove adequate income and assets, and/or have a qualifying family member as a co-sponsor for the affidavit of support part of your petition. (This part proves that your will not become a public charge, and sponsors for your immigration will be liable to government agencies for certain payments).
You should find immigration counsel prior to filing to review his criminal record and your immigration history,
and both of your birth, marriage, etc. life event documents.
