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Can a person on a visiting visa adjust status in the US when they get married to a US citizen?

Baltimore, MD |

My friend is here on a Visiting Visa and he is trying to get married to my sister who is a US citizen. Would it be possible for him to adjust his status here and obtain his green card when they conclude the marriage. Thanks

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Attorney answers 6


Yes, absolutely, but that person better wait for at least 60 days after arrival before getting married and filing for a green card.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Yes. Just make sure he does not file his adjustment of status prior to 60 days passing from his entry. That will raise intent issues.

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It's fine for them to get married here in the United States if they wish. They should wait until he has been in the USA for at least 60 or more days before they marry.

If he applies for permanent resident status in the United States, there is a risk that immigration officials could conclude that when he entered the United States on his tourist visa, he planned all along to remain in the United States and marry and apply for a green card. This is called having "immigrant intent," when the tourist visa is meant to be used only for a visit and then a return to the home country.

I suggest that they consult with an immigration attorney about the situation, in order to have the best chance of success and to avoid potential problems. Best of luck.

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Yes. A Wife is an immediate relative and your friend entered the USA with inspection. Therefore he is free to marry and adjust status without having to leave the USA.


Yes he can adjust status given that it is a bona-fide good faith marriage. He will receive a 2 year conditional green-card.

Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.


Yes your friend can get married and adjust status. He should wait 60 days before getting married.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.