Anonymous asked in Politics & GovernmentImmigration · 9 months ago

Can I adjust my bf's staus if I'm just a legal resident?

My bf made the mistake of overstaying his student visa for a week. He's from Argentina and back in his homecountry.

We have talked about getting married before. I'm worried about travelling over there to marry him. I don't want to lose my green card I've earned in Dec 2016. I have to admit, luck played in my case twice. First, my father is a psychiatrist and manager of a business. That's what saved him (he got deemed as very skillful and needed) and after he got his green card, he sponsored me. Secondly, I was 19 at the time; if I had been much older then I might have been just another dreamer; got brought here when I was 3.

Is there anything I can do to help him out without losing my status? I've read legal residents can only sponsor unmarried children under age 21 or a wife/husband (under spouse visa).


I don't want to do anything that would get me in trouble either. If I have to wait 3-5 years to fix his case then it's not worth it.

4 Answers

  • Foofa
    Lv 7
    9 months ago
    Favourite answer

    You don't have to leave the US to marry him in Argentina. You can apply to sponsor the visa that'll allow him to reenter the US legally and marry you there. It takes a little longer for PRs to sponsor foreign fiancé(e)s, but it is possible. It's also unlikely his brief previous overstay will be a huge issue.

  • 9 months ago

    Overstaying a prior visa is a negative in attempting to get another visa, even though he did not overstay long enough to accrue an official bar to reentry. He MUST remain in his country of citizenship during processing of your spouse visa application. As a green card holder, not a US citizen, you cannot apply for a fiancé (K-1) visa. You will have to marry him outside the US, return to US alone, then file for spouse visa (CR-1). It often takes twice as long to get a spouse visa as a fiancé visa.

    You must earn enough to support self, all dependents, plus your spouse. Currently, you must earn at least $21,137, but that will increase in March (inflation - it always goes up). You will need current year paystubs plus your last 3 years of US income tax returns to prove you meet support requirements. You must also have a suitable home in the US for yourself & your spouse.

    IF you are marrying this guy "to help him out," that's marriage fraud. :Penalties for marriage fraud are 5 years in prison (can be up to 10 yrs depending on charges), plus $250,000 fine. Your own history is not in your favor, and his overstaying a student visa is another problem. Is this really a "till death do us part" committed marital relationship? From your info here, it appears not.

  • 9 months ago

    US Permanent Residents cannot sponsor someone for a fiance/e visa.  US PR's > can < sponsor their spouse for a spouse visa. won't lose your US PR status if you travel to another country to get married. Just be outside the USA for less than six months.Before you decide anything find out if he really overstayed his visa. He can ask the office of international students at the school he attended for help finding out.  Things will be less complicated if he did not overstay.

  • 9 months ago

    If your boyfriend overstayed his I-94 for less than 180 days, he did not trigger a bar. While he could not adjust status (AoS) -- something that can be only done inside the United States -- because you are not a US citizen, there is no problem for you two to get married in Argentina and then file an I-130 in your then-husband's behalf with the USCIS. He'll be in the F2A family preference category (spouse of a LPR), and the waiting time is currently 0, "C" in formal language, which stands for current. There will just be the normal processing time of about a year, same as for a US citizen spouse.

    Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.
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