What is the best option if i overstayed for 2 years, wanted to work/live here and have family with my bf..i have b1 visa..help

Asked almost 4 years ago - Austin, TX

i came over with a B1 visa, filed extension of stay but denied, i overstayed for 2 years now..i have an american bf , we r planning to live together ,have a family and i wanted to have legal documents and permanent residency...what is the best option that we can do? if we r going to get married what are the requirements do i need to prepare? i submitted my original I94 at INS but was denied..what can i do? do i qualify? thanks...

Attorney answers (3)

  1. Franklin Gordon Bynum

    Contributor Level 10

    Answered . Since you entered on a visa, despite your overstay you could adjust status here if you were to marry a U.S. citizen, provided you don't have any bars to adjustment. That's a very big if, though. For example, did the government have your current mailing address at all times? If not, you could have missed a notice to appear in immigration court and there could be an in absentia order of removal against you.

    You need to sit down with an immigration lawyer and figure out precisely what issues you could have. It sounds like you could be eligible for adjustment of status; don't mess it up by trying to handle it yourself.

  2. Thomas Esparza Jr.


    Contributor Level 19

    Answered . as soon as you marry you are eligible to adjust your status to lawful permanent condition resident. should not cost more than about $4600. i am in austin, give me a call. tom

  3. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . You may file your petition after marriage despite the overstay.

    You are welcome to use the link provided below to contact me if you wish.


Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,213 answers this week

3,351 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,213 answers this week

3,351 attorneys answering