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marley5 · May 22, 2011, 08:00 PM

I want to marry my boyfriend from Kenya. He came here legally on a visa to attend college. It has since expired. What do we need to do so he can work once we are married? We cannot afford to live together if he cannot work.

joypulv · May 23, 2011, 02:52 AM

What country are you in? How long ago did his visa expire? What kind of work is he qualified for?

NYcityboy · May 23, 2011, 05:58 AM

u.s.

marley5 · May 23, 2011, 10:11 AM

I am in us sc to be precise and he has a bachelors in science currently owns his own business. Visa expired 5 maybe 6 years ago.

NYcityboy · May 23, 2011, 11:03 AM

His degree and business is irrelevant for his immigration.

After you get married, file the I-130 relative petition and I-864 affidavit of support. He will concurrently file the I-485 application to adjust status and the I-765 for an EAD. No travel for him for now.

After filing, he will be scheduled for biometrics at the ASC for the security checks. Then you will be scheduled for an interview at the USCIS Field Office. At the interview, you must prove up the bona fides of the marriage, generally that you are cohabitating (living together as husband and wife) and are co-mingling funds (sharing income and expenses).

You may need a joint sponsor for the I-864, as his income cannot be counted towards qualifying for the minimum as he is not authorized to work.

If the interview goes well, he should be approved under INA section 245(a) which forgives his visa overstay and unauthorized employment, based on marriage to a USC, qualifying him as an IR. He should be granted conditional residence, good for 2 years. Within 90 days of the expiration, the two of you should file the I-751 to jointly remove the conditions on residence. He will then get a 10 year card.

Don't lie about anything and it should not be a difficult case (unless he has other immigration or criminal issues). Consult with any reputable immigration attorney. Good luck.

marley5 · May 23, 2011, 11:50 AM

Thank you

marley5 · May 23, 2011, 12:52 PM

How do I find a good immigration attorney in my area? I'm not comfortable just flipping through the phone book. Thanks for all the info and help.

NYcityboy · May 24, 2011, 10:40 AM

I would check with your local AILA chapter and your state bar association if they have an immigration interest section.

marley5 · May 25, 2011, 03:16 AM

Thank you very much, you help so many people I see NYcityboy all over this site. :) I wish you much happiness.