QUESTION
Can I change from my tourist visa status if I get married in the United States?
Asked on Jan 20th, 2011 on Immigration - Florida
More details to this question:
I am a British citizen and currently visiting my girlfriend in the States. I am on a visa waiver program, we are planning on getting married while I am here in the States. Can my status be changed after the marriage? i have about 85 days left on my tourist visa (visa waiver program).
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes as long as your case is received by USCIS before the 90th day - i.e. within the VWP period. Contact me for fees and procedures, documents needed etc. if we can assist with your case.
Answered on Jan 27th, 2011 at 9:43 PM
William C. Gosnell
Two years after you get married your wife can apply for a visa for you by filing an i-130
But between now and that time you must apply for another visa as a tourist, student or work visa.
Answered on Jan 20th, 2011 at 7:13 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
The law allows a visitor who entered under the VWP to adjust their status in the U.S. if they marry a U.S. Citizen. If your application is filed before you current stay expires you should not have a problem. However, if file after your 90 days stay expires you could have a problem since Attorneys have noticed that some USCIS offices are denying adjustment of status applications filed after the person's 90 days stay expired. We believe that this is based on their erroneous interpretation of a recent court case. In the area that I practice (Los Angeles, Orange, San Bernardino and Riverside Counties in California) there are not doing this. However, you should check with an attorney in your area to see how the USCIS is treating such cases.
Answered on Jan 20th, 2011 at 3:13 PM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
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Yes you can!
Answered on Jan 20th, 2011 at 2:58 PM