Totally Lost and Confused

[toyvick2014 0]

Okay so my boyfriend and I have decided to get married. There is a problem though, he came from Nigeria on a student Visa about 4 years ago but it has expired. He has a work Visa but it's about to expire too and we really don't know what to do now. Does anybody have any advice on what's the first step we need to take? Should we just get married and worry about it later risking violating the immigration laws? I really don't know what to do and from reading everything on here thus far I think we are not taking the necessary steps in order to do this right and not get him deported.

[aaron2020 11,651]

Please clarify how he got his work visa? What type is it?

Are you a US citizen?

Edited July 20, 2014 by aaron2020

[toyvick2014 0]

Please clarify how he got his work visa? What type is it?

I wrote in haste he has the permit he can get that allows him to work while being a student off campus. Since the F1 Visa expired and he's still been studying full time and working off campus he has been fine. But now the permit that allows him to work will be expiring next month. I know as long as he is a student full time he is okay but after that work permit expires he won't be able to work and pay for his tuition to finish his nursing program. He already has an associates in nursing but is now studying for the bachelors and subsequently wants an mba.

I thought that getting married and filing for him to get permanency would scath off the work permit issue and he would not be deported. I think I need to call the USICS and be sure. The lawyer that I talked to is only about the money and I need answers quickly before we dish out what we will need to file.

[toyvick2014 0]

Please clarify how he got his work visa? What type is it?

Are you a US citizen?

Yes I am a US Citizen. He has the permit that allows him to work off campus as a student. I don't know the exact type that is how he is allowed to work.

Edited July 20, 2014 by toyvick2014

[sbai2000 31]

from what I understand his F1 visa has expired....and his work permit is contingent on him having a valid student visa....? then he is SOL. Get married and file his I-130 and I-485 asap. As long as you are a USC and the relationship passes muster and you are not marrying for immigration benefits, then he should be fine. Good luck to both of you.

[averageguy6 22]

Whoa! You need to take this very seriously. Worry about it later?

That is a recipe for disaster and even a real chance that he will never be able to live here with you (at least not legally).

If you interviewed ONE attorney and didn't like them, keep looking....Im not sure what you mean by "all about the money"....yes professionals need to be paid. Good ones will end up saving you money. You cant expect them to work for free. However, you can check that they have fair rates by comparing them and going with recommended ones. You do not need them to be local to you as immigration law is federal so they can be anywhere in the country. Try Michael Cho in Los Angeles, his fees are really low compared to many others,...he knows what he is doing for complex cases (helped us), he replies efficiently to emails and calls, and he works over the internet and keeps all your docs scanned and accessible on the internet.

Why did he let his student visa expire? Is there something here he is not telling you? You need a lawyer and he needs to be 100% honest with them about his entire immigration and life history. Just getting married means nothing to USA immigration....if there are any other issues such as visa overstay, prior arrests, anything.....you are in for a lot of work and a long haul and an uncertain outcome.

1. Take this very seriously and get to work on it right now. If his visa is expired, time may be of the essence here. The longer that he is here illegally with worse it is for you guys.

2. Look here and other sites like immigrate2us.net and get a good lawyer....yes they cost money, but a good one is going to save you a lot of money, time, and stress in the long run.

3. Ok, so his visa is expired? Im not sure, but I dont think a work permit is a visa. If his student visa is expired....that may mean he is already here illegally. In that case you may already need a waiver due to illegal presence...it depends..you need a good attorney to help you.

If you are not sure how serious this is, go to immigrate2us.net and check out other peoples stories...you are close to getting burned here if you are not already in a difficult situation.

Good luck...glad you asked here..please take this very seriously if you plan on living a life together in the USA.

[S_R 148]

Did your boyfriend comply with these provisions { http://travel.state.gov/content/visas/english/general/in-the-u-s-/status.html }before his visa expired? Because it sounds like he changed his course of study after he arrived here? I stand to be corrected...

[JIJourney 96]

Well first things first, Congratulations on deciding to get married. That is a huge step for a relationship and I am happy you two feel that way about each other and are ready to move on with your lives together.

But also, what the averageguy said is right. You need to book it as soon as possible and get started.

[Warri_Gurl 2]

Please learn more about the visa he has and do your own research. Him passing any expiration could lead up to a lifetime ban. Also rushing to get married in order for your boyfriend to keep his visa could be seen as fraud. Please make sure you are doing the right thing.

Edited July 20, 2014 by seun&nicole

[Harpa Timsah 13,258]

Lots of misinformation here.

[doshi8000 19]

Lots of misinformation here.

what is the right information then?

[Harpa Timsah 13,258]

what is the right information then?

What sbai wrote.

[dwheels76 5,462]

Okay so my boyfriend and I have decided to get married. There is a problem though, he came from Nigeria on a student Visa about 4 years ago but it has expired. He has a work Visa but it's about to expire too and we really don't know what to do now. Does anybody have any advice on what's the first step we need to take? Should we just get married and worry about it later risking violating the immigration laws? I really don't know what to do and from reading everything on here thus far I think we are not taking the necessary steps in order to do this right and not get him deported.

Well you need to move forward then and marry. Overstay is forgiven as long as he stays in the country and doesn't leave. You will file I-130 and I-485 along with other forms read about adjusting status.

He really has no other avenue to stay legally.

If his student Visa is expired and the work visa was dependent on his student visa he needs to stop immediately he is in violation and could mess his future employment up.

Personally I would both head to a good immigration attorney and get a consultation on how to go about this and be successful.

[sbai2000 31]

What sbai wrote.

I wrote a lot so why don't you specify, Madam VJ...

[Harpa Timsah 13,258]

I wrote a lot so why don't you specify, Madam VJ...

You made one post and everything in is is correct. You want to know more?