Exsur

Thank you everyone for your replies. I guess this is what I will do -

Get married --> build evidence of a bona fide relationship --> file I-130 --> file I-601 and we'll see from there and hope for the best.

One more question, if we file his I-130 in January where his overstayed status is at 6 months, if he stays in the US during the process of I-130 will his overstayed status grow longer or will it stop at 6 months because that's when he file the I-130?

Thank you so much.

Hi there,

*I'm not sure if I'm posting in the right forum category, if not, feel free to move my post to the correct category.*

I know I will probably eventually need to find an immigration lawyer regarding my situation, but I thought I'd get my research started on here!

Let me start off by saying that my boyfriend and I are a same-sex couple. I met him last year in USA, and we are planning to get married in the next year. However this is the situation, he came here from Thailand on an F-1 student visa to study in a language school here. Unfortunately he overstayed his visa and it has been around 5 months since he overstayed. As for me, I am a Thai citizen, and I've had a Permanent residence card since '07 but only started living in the USA since September 2013. From 2007-2013 I was living in Thailand for college and traveled back to USA every 10-11 months to only stay around 2 weeks to 1 month time each trip.

Back to my boyfriend and I, as I know he can marry me but since I am only a green card holder now, that doesn't grant him automatic access to the green card. From what I've read online, if we get married while I'm still a permanent residence, it is required for him to go back to Thailand to wait for his green card there. Moreover, since he overstayed his visa, he will be banned from entering the US for 3-10 years.

Here are a list of questions I have that needs your help clarifying:

1. I know my travel history will definitely disrupts my continuous residence and I will need to stay another 4 years to complete the 5 years residency before i'm able to apply for citizenship is that correct? if not, how long do I have before I can begin the naturalization process?

2. Once I get married with him next year, should I petition for a green card for him right away or should I wait until I'm naturalized before filing a petition?

3. We are thinking to start building supports to prove that our marriage is bona fide. We will open a joint account/ joint credit cards, proof of same address with him, and etc. Will this increase his risk of getting deported or should we just lay low? He's afraid that if there are records of where he actually lives, immigration officer would come and take him.

4. In case of us filing the petition for green card for him while I'm still a permanent residence and he gets a ban of 3 or 10 years. Can I file an unlawful presence waiver for him by showing extreme hardships? What's the possibility of it being approved?

5. Is there any other way that he can stay in the US and adjust his status here?

6. What are the other options for us at this point?

Thank you so much for your help!