Question

[Loves-82 0]

Hi!

 

My fiancé overstayed his student/teaching visa for over six years.  He is from Ghana, West Africa. What are the process before/after marriage in getting his legal status. 

 

Thanks!

 

[TNJ17 1,329]

You’re gonna need to provide more information. Are you a US citizen? Do you currently live in the US? Is your fiancé in the US currently? Are you getting married? 

[Ben&Zian 4,398]

1 hour ago, Loves-82 said:

Hi!

 

My fiancé overstayed his student/teaching visa for over six years.  He is from Ghana, West Africa. What are the process before/after marriage in getting his legal status. 

 

Thanks!

 

 

Like above stated, a lot more info needed.

 

Where is your fiance currently living?

Are you a US citizen or LPR?

 

Without these two pieces of info no one can give you specific information.

[mushroomspore 3,044]

Also, what is a student/teaching visa? Did he start with F1 and then get something else? Or was it J1 (does J1 include teachers)? This is for my own curiosity since it actually doesn't matter due to him being out of status for 6 years.

[Loves-82 0]

12 hours ago, TNJ17 said:

You’re gonna need to provide more information. Are you a US citizen? Do you currently live in the US? Is your fiancé in the US currently? Are you getting married? 

 

10 hours ago, mushroomspore said:

Also, what is a student/teaching visa? Did he start with F1 and then get something else? Or was it J1 (does J1 include teachers)? This is for my own curiosity since it actually doesn't matter due to him being out of status for 6 years.

 

12 hours ago, TNJ17 said:

You’re gonna need to provide more information. Are you a US citizen? Do you currently live in the US? Is your fiancé in the US currently? Are you getting married? 

I am the petitioner, United States citizen. The beneficiary is NOT American. But rather an African. The beneficiary currently lives in the USA.  We live in the same state. We see each other daily. He is also an assistant Pastor of our church. We are planning on marrying in months to come. 

[Loves-82 0]

12 hours ago, Loves-82 said:

Hi!

 

My fiancé overstayed his student/teaching visa for over six years.  He is from Ghana, West Africa. What are the process before/after marriage in getting his legal status. 

I am the petitioner, United States citizen. The beneficiary is NOT American. But rather an African. The beneficiary currently lives in the USA.  We live in the same state. We see each other daily. He is also an assistant Pastor of our church. We are planning on marrying in months to come. 

 

 

12 hours ago, Loves-82 said:

Thanks!

 

 

[Loves-82 0]

10 hours ago, Ben&Zian said:

 

Like above stated, a lot more info needed.

 

Where is your fiance currently living?

Are you a US citizen or LPR?

 

Without these two pieces of info no one can give you specific information.

I am the petitioner, United States citizen. The beneficiary is NOT American. But rather an African. The beneficiary currently lives in the USA.  We live in the same state. We see each other daily. He is also an assistant Pastor of our church. We are planning on marrying in months to come. 

[TNJ17 1,329]

5 hours ago, Loves-82 said:

 

 

I am the petitioner, United States citizen. The beneficiary is NOT American. But rather an African. The beneficiary currently lives in the USA.  We live in the same state. We see each other daily. He is also an assistant Pastor of our church. We are planning on marrying in months to come. 

His occupation doesn’t mean to USCIS or anyone for that matter. Not relevant. He’s very high risk for deportation so if your plan is to get married, do it right now and file for AOS immediately. He shouldn’t leave the country until AOS is complete. Don’t waste your time with fancy weddings and whatnot. Haul ### to a courthouse and get married ASAP. You don’t wanna find out what happens if you don’t. 

[mushroomspore 3,044]

6 hours ago, Loves-82 said:

 

 

I am the petitioner, United States citizen. The beneficiary is NOT American. But rather an African. The beneficiary currently lives in the USA.  We live in the same state. We see each other daily. He is also an assistant Pastor of our church. We are planning on marrying in months to come. 

You really should get married ASAP. 

[JFH 12,191]

Currently he has no status here. Is he being paid for his pastoral work? If so, that’s also illegal. If he leaves he will have a 10-year-ban, or a permanent ban if he ever claimed to be a USC in order to get a job or public assistance, for example. 

 

Until you get married and file for his adjustment he can be put into removal proceedings at any time. Time is of the essence here.

[TM92 527]

7 hours ago, Loves-82 said:

We are planning on marrying in months to come. 

Have a civil marriage ASAP, you can have a "renewal of vows" ceremony later. After marriage, you can file I-130 and he can file I-485, I-765*, and I-131** all concurrently; AOS applicants don't have a legal status but do have "authorized stay" allowed by the US Attorney General. Any illegal status is forgiven for immediate relatives of USCs. So is any unauthorized work.

*I-765 is the application for work authorization; it's optional but free for AOS applicants. Cannot work legally until the I-765 is approved and EAD is in hand

**I-131 is the application for advance parole (i.e. allowed to re-enter US if he leaves); it's optional but free for AOS applicants. Cannot re-enter the US if he leaves the US before the I-131 is approved and the AP is in hand

Edited September 16, 2018 by TM92