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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99417
Experience:  Private practice in several areas, including immigration
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Goodafternoon..I'm a overstayed type B2 visa..I was just here

Customer Question

Goodafternoon..I'm a overstayed type B2 visa..I was just here to attend wedding last Oct 2014 but I instead of going back home in the Philippines I decided to stay here in US then I met my boyfriend last Dec 2014 but he is a green card holder..can he still marry me
JA: Thanks. Can you give me any more details about your issue?
Customer: I overstayed for 1 yr and 4 months now.can my boyfriend who's a green card holder marry me
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. You can get married to him. However, you would still have to go back to the Phillippines to get a greencard visa based on the marriage. The wait time is about two years. However if/when he becomes a US Citizen, then you would not have to go back and can adjust to a greencard while waiting in USA. Ergo, it may be prudent to wait until he gets US Citizenship, and then to marry and file for a greencard using the I-130/I-485. Assuming USCIS recognizes the marriage as bona fide, they tend to overlook an overstay on a B2 visa. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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