Status Change...So Confused

[mholmes77]

My boyfriend is here with an approved I130 relative sponsorship from his sister. He's been here since 2000 working. However, his work visa expired with his previous employer in 2008. That employer layed him off in January. We want to get married but since he worked without a valid work visa are we doomed? He's not working now. I'm scared to file anything in case they want to deport him. How can I fix it. If I marry him without the I485 they can still deport him because of the work visa?

[Lisaanderson]

My boyfriend is here with an approved I130 relative sponsorship from his sister. He's been here since 2000 working. However, his work visa expired with his previous employer in 2008. That employer layed him off in January. We want to get married but since he worked without a valid work visa are we doomed? He's not working now. I'm scared to file anything in case they want to deport him. How can I fix it. If I marry him without the I485 they can still deport him because of the work visa?

The answer to your question depends on whether or not you’re a U.S. Citizen. If you are a U.S. Citizen, immigration will forgive the fact that your boyfriend worked without authorization. You’ll be able to file the I-130 and I-485 for him. Suggest you seek at least a consultation with an attorney to see if your boyfriend will be safe to file any paperwork.