help

This is a discussion on help within the K-1 Fiance and K-3 Spouse Visas forum, part of the Family-Sponsored Visas category; I am new to this so I am not sure how this works. My boyfriend is from W.Africa. We want ...

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Old Apr 18th, 2007, 10:45 AM   #1
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Confused help

I am new to this so I am not sure how this works. My boyfriend is from W.Africa. We want to get married BUT he has overstayed a visa while waiting on getting asylum status. We looked into it and it seems that if we got married it still wouldnt help. We were planning to get married anyway but I am wondering what we can do? I know he should have applied for asylum when he got here but he had a visa for school AND was afraid of any recourse on his family if he claimed asylum. He is Touareg and there are some problems going on over there. A couple of his family members have already been killed and forced out of there villages. Anyway can anyone give me advice on how we can still get married without him having to leave? I understand if he leaves he cant come back for 10 years?! Is this true?
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Old Apr 19th, 2007, 02:03 PM   #2
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If you are American your marriage normally will cure an overstay, and he will be allowed to stay.
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Old Apr 19th, 2007, 02:13 PM   #3
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thanks for the help
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Old Apr 19th, 2007, 02:14 PM   #4
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have you had experience with this?
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Old Apr 19th, 2007, 02:17 PM   #5
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Consult briefly with an immigration lawyer before getting married. The advice is probably correct above but situations do vary. My uncle did the same thing and they married and he is fine now.
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Old Apr 19th, 2007, 02:25 PM   #6
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what would happen if we just marry. I mean this isnt something we are doing to get him status here. We have been calling a lawyer all week and they have yet to get back to us. I am just scared that if we get married they might not let him stay.
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Old Apr 19th, 2007, 02:55 PM   #7
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You still have to apply with immigration for a change of status and be interviewed etc. It is a bit of a process. See the articles on world law's web site about it too.
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