If your fiance came to the US legally but his visa has expired over 6 months ago how long will it take for him to get his green card will he have to go back to his country to await his green card?

Hello! You can only apply for a green card AFTER you marry one another. Once the marriage is valid and legal, you must fill out an 1- 485 to adjust his status. Some people only wait 6 months to 1 year to get their cards. Others, like my Husband and I, waited almost 4 years!! The whole expiring of the visa (over 6 months) can be good enough reason for the INS to deny you. From my research, this is very rare, however, if it does happen, there are steps one can take. For example, they have to re apply for another visa and fill out some forms (I forgot which). It's a lengthy process and a friend of mine (which happens to be a lawyer) told me that people who fall into this category (denial of a green card or prolonged delay of a green card) should just re apply and usually the 2nd time is much quicker.

I hope this helped! My Husband just received his green card and I cannot tell you how happy we both are. I wish you the best of luck and also remember to NOT ever travel overseas until he gets his green card.