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My boyfriend, from Colombia, has overstayed his visa by about 6 months. Originally he planned to stay here for a few years to work and then return to his country. However, we've met, live together and want to stay together. I know nothing about laws except for what I've read online. I've read that if you stay for more than 6 months after your visa has expired then you can't return for 5 years. Do we have any options? Do we have to get married in order to stay here together?

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Overstay of 180+ days can trigger a ban if he leaves and later attempts to return.

Marrying a US citizen can result in the overstay being forgiven but marrying to circumvent immigration laws is not something one should undertake without realizing there are certain risks (in other words, it's not a sure thing).

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. I've read that if you stay for more than 6 months after your visa has expired then you can't return for 5 years.

Overstay:

180 days but less than one year = 3 year ban

1 year + = 10 year ban.

Marriage, as pointed out above, will allow him to stay in the country and AOS (however, no travel should be done, even if an AP is given).

Other than trying to get another visa, either he marries you, or leaves.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Well, if you want to marry him, then you should do it and file to adjust his status. Otherwise, he will have to go back home and won't be allowed back for a period of time. In the meantime, if you do get married, he should not leave the US prior to adjusting his status. You would not be circumventing any immigration laws, if he did not intend to immigrate to the US on his last entry.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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