Last year I got married to a US Citizen who since then has been to visit me in the UK a few times, I have since come over to visit her again but each time it has become harder and harder for me to leave her. I am currently here with a visitor visa is it possible for me to stay in america with her and file for the spouse visa while i am here or is that illegal?. I dont want to have to fly back and wait 8 months plus to see her again, any advice would be greatly appreciated! Thanks.
As a spouse of a US citizen you can apply for residence, known as adjustment of status, and remain in the US while you do it as long as you entered legally with a visitor visa. It is advisable to wait at least 30 days since you entered the US in order to not raise a presumption that you intended to stay all along. Also you have to ensure that no other bars to admissibility exist in your case. For that it is advisable to consult with an immigration attorney.
You and your wife should go to an Immigration lawyer in your area. You should apply for green card. You still be able to travel with advance parole, but it will eliminate the need for a visa.
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Your are eligible to apply for a green card without leaving the US through a process called adjustment of status.
If you are married to a U.S. citizen, you can file for adjustment of status to that of lawful permanent resident here in the U.S. However, if you entered as a visitor, if you file within 30 days of entry there is a presumption that you did not intend to visit, but to Immigrate. So, you could be deemed to have committed fraud/misrepresentation at the time of entry. You should consult with an experienced Immigration attorney to assist with the process.
William M. Cavanaugh Law Office of William M. Cavanaugh www.wmc-law.com (561) 283-2196 This posting does not create an attorney-client relationship and the answer is general in nature. You should contact an experienced Immigration attorney with the specific facts of your case.