QUESTION

Once I have filed to adjust my status, can I legally stay in the US until my immigration interview with my spouse?

Asked on Feb 21st, 2017 on Immigration - Georgia
More details to this question:
I am planning on getting married to a US citizen whilst on a 90day ESTA/Wavier/B1-visa which gives me 90 days in the US. I will marry in this time and apply to adjust my status the last month I have left. I know this is risky but this is the only visa I can go on as he now lives back in the US although we met in the UK. He has now been there for over a year with me only visiting. This will be my first time applying for a tourist visa.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
A visitor's visa is for a foreign national who intends to enter the U.S. only temporarily and then depart incompliance with the visa. The filing of a marriage-based adjustment of status case soon after entering the U.S. on a visitor's visa may lead the USCIS to conclude that the foreign national committed visa fraud by using a visitor's visa despite intending to become married and remain in the U.S. permanently. Of course, it is possible for a foreign national to enter with "nonimmigrant intent" and later form the intention to become married and remain permanently. Additionally, when a U.S. citizen marries a foreign national who entered the U.S. lawfully and with inspection (such as with a visitor's visa), the couple can succeed with a marriage-based adjustment of status application process even if the foreign national spouse may have overstayed his/her initial visa. Of course, there are many additional considerations in determining immigration eligibilities, options and strategies. It would be wise for you and your man you may marry to consult with an immigration attorney who, after learning all of the relevant information about you and him, could advise about these issues and then could offer legal representation in the often complex application process.
Answered on May 16th, 2017 at 9:02 AM

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