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BRITISH CITIZEN USA CITIZEN

Homestead, FL |

i am legal in the usa as a visitor i do have over 2 months out of my 90 days but we are thinking about getting married but just want to know if waiting for 60 days will be ok to do so then file i130..i am NOT out of status i am LEGAL

Attorney Answers 4


  1. Dear Sir or Madam, please please do this through an experienced immigration attorney. As a visa waiver non-immigrant, you do not have the same liberties that visa holders do. So, if something goes wrong for some reason, and your application is denied, then technically, the government can remove you from the US WITHOUT a hearing. So, do not take any chances. Yes, there is a rule that if you wait 60 days from your entry before taking steps toward remaining here, that curbs any presumption against you for preconceived intent. Also, you should have a full evaluation done for your case before taking any steps. Best regards.


  2. Provided that your spouse is a US citizen, you should be able to adjust without having to leave the United States. However, there are still timing and preconceived intent issues to be resolved. You should see an immigration attorney for a consultation before taking any further steps.


  3. Consult you immigration attorney regarding the fact that spouses (immediate relatives) of citizens are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page. When adjudicating concurrent filings, the determination of eligibility for the immigrant visa petition is made first. If a visa number remains available for the immigrant classification and the Form I-485 is approvable (which in certain cases requires an interview) USCIS will generally consider the adjustment application at the same time. Separate decision notices will be sent for both forms. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult an attorney.


  4. I agree with my colleagues that, while you would be eligible to apply for a change in your status, you MAY have issues with the intent element. Contacting an attorney is certainly in your best interest.

    This response does not create an attorney-client relationship. Unless you are already a client of Moser & Moser, P.A., pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Melissa Engle Peat, melissa@moserpa.com, 321-733-7303.

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