green card i think???/

[lisanmiji1112 0]

okay so my boyfriend came here when he was a high school student and then he got this woman pregnant and so he dropped out of school. He spent the next eight years working odds and ends jobs and had two more children; during which time his student visa expired.

Him and I have been together for a couple of years and wanted to get married, however, I now come to realize his visa is expired. He does have a valid passport though. Is there anything we can do to avoid him having to go back to his country to apply for a new visa. I know that's the way you're supposed to do it but there's no way he could leave his kids for two years.

[Kathryn41 3,205]

Topic has been moved from Off Topic to General Immigration Related Discussion as a more useful location for this discussion

[Anh map 2,098]

If he entered legally you can file for adjustment of status after you marry. He cannot leave the US until this process is complete.

See this guide here on VJ >>>> http://www.visajourney.com/content/i130guide2

[Harsh_77 718]

What visa did he come with? Did he go thru inspection at port? If he came on student visa, he has been in the country illegally since he dropped out of school and not when his visa expired.

If you are USC you can get married and file for AOS. He will not be able to leave the country until AOS process is complete.