Understanding changing status on I-94 from B2 to Fiancée status.

[Bailey Bailey]

I need guidance, my boyfriend and I are planning to get married next year in October 2017. Right now here is in the US with an I-94 status of B2. His I-94 expires in three days. His visa expires in 2020. He is going to stay in the US even after the I-94 expires. Will it hurt us for him to get permanent residence, green card and work permit after we get married in October of 2017. Also, what paperwork can we do now or after we get married? Any suggestions on the best way to do this smoothly, efficiently and timely as well.

[Trinity71]

I need guidance, my boyfriend and I are planning to get married next year in October 2017. Right now here is in the US with an I-94 status of B2. His I-94 expires in three days. His visa expires in 2020. He is going to stay in the US even after the I-94 expires. Will it hurt us for him to get permanent residence, green card and work permit after we get married in October of 2017. Also, what paperwork can we do now or after we get married? Any suggestions on the best way to do this smoothly, efficiently and timely as well.

I would strongly advise against staying past the I-94 dates. He will be out of status once that I-94 date passes and will be accruing unlawful presence. Also, his visa will be cancelled. That will come with a 3 year or 10 year ban from the U.S. depending on the length of time he stays over if he is caught and deported. I am not sure of your status here, but assuming your a U.S. citizen, he could travel back to his home country, you would file for the K1 fiance visa and then once he arrives, you would have 90 days to marry.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71