I arrived in the United States on a visitor visa in 2002. I recently married a US citizen. Can I adjust status? Should I simply file an I-130 and I-485?
An entrance using a visitor visa is considered and admission which is required to adjust status. As your spouse is a U.S. citizen, you can file both the I-130 and I-485 together as well as all other collateral forms and applications. You should prepare sufficient evidence to support each point of the law to obtain the benefit you're seeking. With any marriage based adjustment case, it is recommended that you retain counsel for the entire process to ensure the case is seen in the light most favorable to you and your spouse and to ensure the USCIS officers comply with the Adjudicator's Field Manual. This has been an issue in the Charlotte CIS office.
Unless you have some other issue, you may adjust. Review the forms required for the process particularly the I-485. On the I-485 are listed questions if you are unsure of the impact when answering any of the questions or if you are uncomfortable or have any doubt about proceeding on your own contact an immigration attorney to represent you in this process.
Robert Brown LLC
2530 Meridian Parkway, Suite 3050
Durham, NC 27713
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