Please don’t be to mean :(

[geowrian 22,335]

8 minutes ago, Ilovemykorean said:

What I read is he can get still penalized even if i marry him and send him back home and do the 3-10 year bad ..How true is that? 

100% true. Being married doesn't override the unlawful presence ban.

 

Your 3 best options are:

1. Marry and file for AOS. The overstay is ignored for AOS purposes. He cannot leave or work for ~4-6 months after filing (I-131 and I-765 processing times).
2. Marry and file the I-130. File an I-601A to waive the unlawful presence ban that he will incur upon exit from the US. Interview abroad for a CR-1/IR-1 visa.
3. Live with him abroad.

[sparkles_ 456]

16 minutes ago, Ilovemykorean said:

What I read is he can get still penalized even if i marry him and send him back home and do the 3-10 year bad ..How true is that? 

Maybe if he is some sort of criminal, but just a normal person who overstayed a visa, marrying a citizen, it would be rare. What you mean is he could be put into removal, which is not common either but not unheard of.

 

My ex husband overstayed by like....13 years. He got his GC in less than a year, but this was a decade ago.

Edited May 10, 2018 by sparkles_

[Andrea&Henry 311]

12 minutes ago, Ilovemykorean said:

What I read is he can get still penalized even if i marry him and send him back home and do the 3-10 year bad ..How true is that? 

is not true...

 

that's why I shared my friend story. His now wife entered on a tourist visa and overstayed for 11 YEARS. She got her green card with NO issues and the decade overstayed wasn't even brought up.

 

HOWEVER, Sending back is a really really bad idea

[geowrian 22,335]

4 minutes ago, Andrea&Henry said:

is not true...

Note the wording: marrying and then "sending back". The ban would still kick in here.

It will not kick in with AOS, though.

 

Edit: Whoops...I should check the wording too. If one "does" the 3/10 year bar, there is no further issue either.

Edited May 10, 2018 by geowrian

[Andrea&Henry 311]

3 minutes ago, sparkles_ said:

Maybe if he is some sort of criminal, but just a normal person who overstayed a visa, marrying a citizen, it would be rare. What you mean is he could be put into removal, which is not common either but not unheard of.

 

My ex husband overstayed by like....13 years. He got his GC in less than a year

same here....my friend's wife had an 11 years overstayed and wasn't even mention during her AOS interview...

 

I think if the person has a criminal thing going on...that's another story

Just now, geowrian said:

Not the wording: marrying and then "sending back". The ban would still kick in here.

It will not kick in with AOS, though.

is not true...

 

that's why I shared my friend story. His now wife entered on a tourist visa and overstayed for 11 YEARS. She got her green card with NO issues and the decade overstayed wasn't even brought up.

 

HOWEVER, Sending him back is a really really bad idea

(Read the entire comment)

[sparkles_ 456]

1 minute ago, Andrea&Henry said:

same here....my friend's wife had an 11 years overstayed and wasn't even mention during her AOS interview...

 

I think if the person has a criminal thing going on...that's another story

is not true...

 

that's why I shared my friend story. His now wife entered on a tourist visa and overstayed for 11 YEARS. She got her green card with NO issues and the decade overstayed wasn't even brought up.

 

HOWEVER, Sending him back is a really really bad idea

(Read the entire comment)

Agree. My ex husband, the only mention of it was the officer making a small joke and saying, "You've been here a while, haven't you?" 

 

Also FWIW, my ex husband WAS a criminal, for misdemeanor theft, and he still got the GC with zero issues. OP's guy will most likely be fine if they marry and file AOS, that is my two cent.

[geowrian 22,335]

2 minutes ago, Andrea&Henry said:

is not true...

 

that's why I shared my friend story. His now wife entered on a tourist visa and overstayed for 11 YEARS. She got her green card with NO issues and the decade overstayed wasn't even brought up.

So they overstayed for 11 years then interviewed abroad and there was no 10 year bar? That doesn't sound right. Either they did AOS or they had a waiver for the bar (I-601A if filed when in the US, I-601 otherwise).

[NikLR 13,220]

13 minutes ago, geowrian said:

So they overstayed for 11 years then interviewed abroad and there was no 10 year bar? That doesn't sound right. Either they did AOS or they had a waiver for the bar (I-601A if filed when in the US, I-601 otherwise).

No they successfully did AOS. 

[geowrian 22,335]

2 minutes ago, NikLR said:

No they successfully did AOS. 

Then yes, no bar is in play as an IR of a USC when doing AOS.

[Boiler 43,430]

Have we ever had someone for North Korea on here before? My first.

[yuna628 9,528]

25 minutes ago, Boiler said:

Have we ever had someone for North Korea on here before? My first.

Do we even hand out tourist visas from NK?

[Boiler 43,430]

2 minutes ago, yuna628 said:

Do we even hand out tourist visas from NK?

Seems Donald is making progress.

[Ilovemykorean 0]

3 hours ago, NYCruiser said:

What exactly do you mean 'Our President here in America?'. Your boyfriend deliberately illegally did something against America's laws and the President is at fault!!

 

 

 

3 hours ago, NYCruiser said:

What exactly do you mean 'Our President here in America?'. Your boyfriend deliberately illegally did something against America's laws and the President is at fault!!

 

 

What I meant here is it’s more difficult or harder to fix anyone’s unlawfully immigrants or undocumented immigrants... nothing against him lol . 

[SusieQQQ 11,584]

1 hour ago, Ilovemykorean said:

 

What I meant here is it’s more difficult or harder to fix anyone’s unlawfully immigrants or undocumented immigrants... nothing against him lol . 

Not really. Deportations spiked under Obama. The idea that he was soft on illegals was a right wing election tactic. 

[mushroomspore 3,043]

2 hours ago, Ilovemykorean said:

 

What I meant here is it’s more difficult or harder to fix anyone’s unlawfully immigrants or undocumented immigrants... nothing against him lol . 

It's ALWAYS been difficult for undocumented immigrants to get any sort of "fix". I'm very sympathetic to most undocumented immigrants. However, the fact remains that they broke a country's laws by entering without inspection, violating visas, what-have-you. Immigration in 2018 is not the same as immigration back in 1800, but all presidents have had to deal with it on some level; modern presidents have had it worse without question. Most of the same immigration laws and policies are still in place as they have been for a long time. Even if they were to DRASTICALLY change them to severely restrict new immigrants, it would still need to pass through governmental procedures and then it takes even MORE time to implement, train the employees and then enforce them. I get why a lot of people are fearful and are thinking, "Omg, the current administration hates immigrants!". But let's not cause a panic because it's not like they can say, "No more immigrants are allowed and any non-citizens must be deported NOW". That's not even close to what they're saying because they're trying to tackle specific things like DACA, H1B, Temporary Protected Status, etc. Okay, rant over.

 

In any case, you're asking for help but haven't provided some very pertinent information:

 

1. Is your boyfriend actually from South Korea? It'd be hard to believe he is from NK. (I'm Korean-Canadian and have never met a North Korean in North America OR over in SK.)

2. What is your boyfriend's timeline from first entry to the US, B2 expiration and overstay?

3. Has he had other visas in the past? (Student or otherwise)

4. Are you ready to get married to him and then support him for a few months until he gets a work permit?