Legal Question in Immigration Law in Florida

It's not very likely that you can benefit from his application, if he is applying for adjustment of status through his employer and you've been out of status for 3 years.

Has anyone ever petitioned for you in the past?

When he is a USA citizen, then definitely yes, he can petition for you.

Please don't take this information as a legal advice. No legal advice can be provided on this public forum but only information.

If you wish to schedule a consultation, you can contact me directly and off of the forum.

Email: Attorney [@] law-visa-usa.com

Web: www.law-visa-usa.com

You won't be able to adjust your status in the U.S. with him. However, this doesn't mean that you cannot qualify eventually for an immigrant visa. Because you have overstayed your visa for so many years, then you would need a waiver based on extreme hardship to a Permanent Resident (LPR) spouse. This would require you to depart the U.S. when your immigrant visa is available and seek a waiver of your previous unlawful presence in the U.S. at the U.S. Embassy in your home country.

As the spouse of a Permanent Resident, you would be permitted to apply to accompany him within six months of his grant of permanent residence. After six months it still may be possible. However, it will be critical that you are married before he is granted permanent residence -- otherwise you will not qualify to accompany or follow him as an LPR.

So, the bottom line is, you may indeed be able to benefit from your fiance's petition, but you must act quickly. Please feel free to schedule an appointment with me in Miami.