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?
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.
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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.
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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.
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.
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