Asked almost 3 years ago - Austin, TXFlag
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...
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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.
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