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    ortho74's Avatar
    ortho74 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 16, 2009, 11:15 AM
    Overstayed his visa
    I am with a man who came to the US to go to school. His student visa has expired & we have one child together. Is there anything I can do to help him? I have researched this a little & I keep seeing different answers. Some say there is nothing that can be done once his papers expire to help him stay & some say if I marry him he will be able to stay. Which one is correct? Also, how soon if we marry can he get his papers to return home to visit? He misses his family & wants to see them, but is scared to return there with no papers for fear he will not be able to get back in & see his child.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Nov 17, 2009, 04:30 PM

    If you are US citizen, then marry him and sponsor immigrant visa for him. Since he overstayed his visa, it's recommended to have immigration attorney handle this matter. If all is done properly, he should be able to get GC in 6 months.
    Sympathetic's Avatar
    Sympathetic Posts: 5, Reputation: 1
    New Member
    		  
    #3

    Oct 29, 2010, 05:40 PM
    I was in a similar situation. I overstayed my F1 visa for over 10 years but was fortunate to marry a US citizen who was able to help me adjust my status without me having to leave the country. We hired a lawyer, got and submitted all the correct paperwork, i.e passport, joint bank statements, joint income tax returns, medical records and so on. Anyway the entire process took about 8 months and cost about $5000, maybe it was less. This way worked for us and it should work for you provided he does not have a criminal history. Good luck.
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