My boyfriend of 3 1/2 years came to the US on a J-1 visa from Europe. He was living and working in Florida for the summer but he came here once his job was over to live with some of his family. Then we met and now we are living together, planning our future. He has been in the US since 2009 I believe and the visa expired three years ago. He has a job and works very hard but I am concerned. I would hate to plan ahead any more if I knew he wouldn't be allowed to stay here with me once we decide to get married.
Will he be able to stay with me if we get married? What are the chances that he will not be able to get a green card? He is not involved in any dirty business, so he wouldn't have a reason to get deported...besides the fact that he overstayed.
Thank you for your time!
The fact that he oversyed his visa will not effect his application if he is marrying a US citizen. However, if under hte J visa he was subject to hte 2 year home residency requirement he may have to apply for a waiver.
Speak with an attorney, it will all hinge on whether his J1 visa is subject to the 2 year residency requirement. Click the link below for more information on the J1 residency requirement, my firm handles these types of cases.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
A J-1 needs to be reviewed for a two year residency requirement or waiver if warranted to initiate AOS under One Stop filing without leaving the U.S. That could be done only at the office by an experienced immigration attorney.
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If the J1 is not subject to the 2 year foreign residency requirement, he should not have a problem becoming a permanent resident of the US. If it is subject, he may only apply after a waiver of that requirement. However both of you should consult with an attorney together to understand the full process.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.