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Can I adjust the status of my student visa to a marriage visa?

Los Angeles, CA |

I entered the US from the UK on a student visa (F-1) which will expire in December. My boyfriend is a US citizen and we plan to get married. Can I apply for a new visa from the US or will I have to go back to the UK to do it? In either instance, what visa should I apply for?

Attorney Answers 5


  1. You may be able to adjust your status to that of a permanent resident (so you'd be getting a green card). But that can be complicated, and you should talk to an attorney to determine your eligibility.


  2. In general, people in your situation can apply for a green card (adjust status) while remaining in the US. Whether you meet all the eligibility criteria or may face potential problems with such an adjustment depends on the specifics of your case. For a more through evaluation of your situation, your options, and any potential problems, you should seek a consultation with a competent attorney.

    V.K. Vandaveer, PLLC. 202-340-1215. This response is only general in nature and is not legal advice specific to your situation. Indeed, any response may differ significantly based on an attorney’s evaluation of your specific facts. No attorney-client relationship exists between you and the law firm or attorney Vonda K. Vandaveer as a result of this response. Avvo should not be used as a substitute for competent legal advice from a licensed attorney. If you are seeking legal advice for your unique situation or legal representation, please email me at vonda@vkvlaw.com or call our office at 202-340-1215 to schedule a consultation with an experienced immigration attorney.


  3. You an apply for an adjustment of status with an I-130. If you planned on getting married and leaving the US to the US, you can apply for an I-130 with consular processing. I would recommend that you seek out an experienced immigration attorney.

    www.visaplace.com
    fadi@visaplace.com
    Niren & Associates
    (toll free) 1-866-929-0991
    (local) 416-410-7484
    Offices in Toronto and Buffalo

    Legal disclaimer: For specific advice on your case, Mr. Minawi can be reached at 1-866-929-0991 ext. 206 or by email-fadi@visaplace.com.This answer does not establish an attorney client relationship. http://www.visaplace.com


  4. Once you are married, you can apply for a green card either while in the US, or from your home country. You dont need a visa after you file adjustment to a green card.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  5. Congratulations on finding the love of your life! Since your boyfriend is a US citizen, you actually have options. You may proceed with obtaining your fiancee visa or immigrant visa (depending on when you are getting married) through the US Consulate in the UK. In the alternative, you might be able to adjust your status (aka getting green card) without leaving the US. Currently, this process takes about 4-6 months in Los Angeles. However, you should definitely speak to an immigration attorney to make sure you are eligible for adjustment of status, as a lot of factors must be taken in consideration before filing for any kind of immigration benefit.

    DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or info@i-551.com or consult with your own legal advisor before taking any action based on information appearing here.

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