You've already gotten a lot of good information from my colleagues, but be aware that most students don't "overstay" their visas (they don't usually have a actual end date on their visa, as opposed to the program information in the related paperwork). The ability for someone to adjust status is based on manner of entry, status violations and what basis they are seeking residence--in some of the scenarios you provide, adjustment should be available, in other, you would have to process at a consulate abroad, in still others, you would also need a waiver for unlawful presence.

And by the way, most minor traffic infractions, including driving without a license, will not adversely impact your husband's case.

Find yourselves a good immigration lawyer who will go through your entire history and help you understand your options. Good luck.

If you have a registered domestic partnership that is recognized by the State in which you perform it then the same rules apply as a man and women (one person being a US Citizen and the other having entered with a student visa and overstaying) eloping and getting married in Vegas. There are several issues that you should pay attention to including criminal history. For more information on this issue please read the Blog Article on the link listed below.

Best,

Khaja M. Din, Esq.
Din Law, LLC
(312) 361-8462
www.DinLaw.com
Free Initial Consult For All Your Immigration Questions

Yes.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

To answer your main question - get married in a state that recognizes same sex marriage. You can then file to petition for your spouse even in a state that does not because the marriage at inception would be considered valid. This is at least what the current trends are showing. Keep up with the news, and consult with a good immigration attorney. Good luck.

Hi there- same rules would apply as would to a marriage between partners of different genders. Once you are married, you should file for his green card. There will be issues because he is out of status for which you will need a waiver. You should hire a good immigration attorney to help with the waiver petition since they are complex.

As you can probably tell, the number of questions you have is very high, and perhaps what you need to do is sit down with an immigration attorney and go over everything in detail (including additional questions that you will probably only think of in the course of the consultation).

Generally speaking, though, if your Iowa or NY marriage would be valid where contracted (ie. if they don't require you to live there), then yes, you should be able to apply for his green card in terms of the relationship (provided you can established the bona fides of the relationship and show that you got married because you wanted to get married, and not just so that he could get his green card). Factors that could cause a rejection are too many and varied to list here, an attorney really needs to go over the details of your case to identify those. Type of visa entry does matter, tourist (B-2) visa should be fine though. Any criminal history depends on what it was, you should obtain court dispositions and a driving abstract. Having left the US and returned without a visa could derail the entire process - you need to figure out his full immigration history. Percent chance will vary wildly depending on all of the above - particularly if he left and re-entered the US illegally, but even if he were placed in removal proceedings (what "deportation" is called now) he may be eligible for relief from removal (an attorney could advise you about that while you discuss the other details).

As far as what the process is and what the forms are (keeping in mind everything I just wrote), you can find an explanation and a link to USCIS forms in my answer here: http://www.avvo.com/legal-answers/i-am-married-to-an-oeverstayed--but-she-is-legal-t-1271291.html#answer_2516229. Good luck!

There are too many questions here. You need to have a consultation with an immigration attorney. Generally, as long as you get married in a state that recognizes gay marriage you could file for him. Filing for a green card is a complicated process and again I recommend hiring an immigration attorney.

First of all, congratulations! Yes, go ahead and get married in one of the U.S. states where marriage is legal. Second, you may wish to go ahead and schedule a consultation with an immigration attorney to determine if there are any specific issues to your case which may pose difficulties. However, generally speaking, so long as your husband to be entered the United States lawfully, the overstay will be forgiven once you have filed for him. The only type of visa that may pose a problem is if he entered with a J-1 subject to the 2 year home requirement. Any small driving or civil infractions should not pose a problem for green card processing. But again, please keep in mind that I am speaking in generalities and a consultation will be the best way to determine if there are any issues that could pose a problem in your particular case.