My boyfriend is from England: Heres the story and I want to help him become legal.
He came to the US in 2/02 with a visa. He came here under good terms and eventually married in '03. Since then he divorced in 5/06. While married he did not get his papers completed and is now in dire need.
What is the process that he will go through. He does not want to return to england and I am will to sponsor him/help with attorney/and he has a minial cash paying job that might help hime as an employer.
No, he never completed any papers during his prior marriage. (nothing was every filed period). So he is here, divorced, no papers, and way past his visa limits.
I don't plan on marrying him now, we are only dating and I'm trying to help.
Well, he has to get married or wait for something to fall out of the current immigration debate. He has no other way of gaining residency. Marriage is the best bet.
Marriage is the ONLY bet. They will forgive his staying beyond his Visa's expiration only if he has a relative (wife) sponsoring him (or if he has a child that was born in the US and is now 21 yrs old or older).
I married my husband (British) this past February, thinking I could sponsor him. Didn't research requirements thoroughly ahead of time. As I compiled all of the paper work needed for the initial interview, I discovered that I wouldn't be able to meet the financial requirements. I became pregnant with his child in May of 2005 and applied for MediCal. Long story short... if I show income for 2005, I get in huge trouble with MediCal (not to mention IRS). Had to back out of sponsorship. If I had someone to co-sponsor, I could still do it. I know of no one willing to take that kind of committment (10 years of financial responsibility).
Should you decide to do this for your boyfriend, you become financially responsible for all of his US debts for 10 years (even if you divorce). Think long and hard about this.
Jamieann, Completely missed the part about 2/02 entry date.
Although most have assumed your bf overstay started in 02, I am not sure. Your BF chances will depend on when the out of immigration status started, in 03 or 5/06. If 5/06, then your BF will have an easier tiem adjusting status and you sponsoring him on a work visa if your company sponsor him. And I am not too sure if marriage will work either. It would depend on the circumstances of both his marriage and divorce even though he never filed the paperwork (I am assuming apploying via I-130 and I-485). If the overstay started in 02 b/c your boyfriend came on a student visa or visitor visa, then marriage will be the only way to sponsor him.
Which visa did your BF came on in 02 will be most appreciated since it would help with some assumptions certain board members have stated.
This message has been edited. Last edited by: Hudson,
so a brittish citizen that overstayed his/her visa waiver and becomes illegal, would not be able to adjust under the immigration bill that is pending in congress?
Let's assume that this person did not file any applications based on the previous marriage. If he entered the U.S. back in 2002 via the VWP, AOS through a new marriage wouldn't be a problem if the relationship is actually bona-fide. Same would apply if he entered using a regular B1/B2 visa or even the H1-B. However, 8 CFR clearly mentions that AOS is banned for some particular visa holders who overstay or violate the terms of their admission. Since most UK citizens enter via VWP, it would be safe to adjust via marriage, but the OP do not provide details on what kind of "visa" the person used (if any). For most other forms of AOS, the overstay bans the possibility of adjustment. You should discuss these factors with a qualified attorney, this is not legal advice.
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