Originally Posted by jammy123 (Post 8772940)

If my spouse and I get married in the US, can I travel outside of the US and then come back in before I submit my paperwork for a change of status for the temporary green card?

Originally Posted by Noorah101 (Post 8772960)

You mean if your "fiance(e)" and I get married. If he/she was your spouse, you'd already be married. :)

It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so your idea of marrying now, leaving the USA, then returning as a visitor to then file AOS is not a good idea.

I see by your previous post that you are currently in the USA as a visitor (VWP?). http://britishexpats.com/forum/showthread.php?t=676482

If you plan to marry on this trip and remain in the USA to adjust status, you should have a consultation with an immigration attorney. After filing AOS, if you choose to do so, you won't be able to leave the USA (and return safely) until you have Advance Parole (AP) document in hand. It takes about 60 days to get AP in hand after filing AOS.

There is no temporary green card. Once you adjust your status, you become a US Permanent Resident. If your marriage is less than 2 years old at that time, you will receive a 2-year conditional green card.

Rene

Originally Posted by jammy123 (Post 8772974)

Yes I am currently here on a visitor's visa. So are you saying that it is okay to get married now whilst I am here on the visitor's visa? Then I would have to wait for the AP? Why do you suggest I meet with an immigration attorney? Is this something wrong that I am doing by marrying my fiance whilst here on a visitor's visa?

Also, what if we got married outside of the US. How will that work as far as timelines etc.

Originally Posted by jammy123 (Post 8772974)

Yes I am currently here on a visitor's visa. So are you saying that it is okay to get married now whilst I am here on the visitor's visa? Then I would have to wait for the AP? Why do you suggest I meet with an immigration attorney? Is this something wrong that I am doing by marrying my fiance whilst here on a visitor's visa?

Originally Posted by Noorah101 (Post 8773001)

Are you actually here on a B-2, or are you here on the VWP? I suggest having a consultation with an immigration attorney, because as I said, it's illegal to enter the USA as a visitor with the intention of adjusting status to permanent resident. I don't know what your intent was at the POE on this particular visit, and you shouldn't state it here, either. You should tell the immigration attorney, who can then let you know if you have a chance at getting your AOS approved or not. If you entered on the VWP and your AOS is denied, you have no right to an appeal, and you'll be removed from the USA. The attorney can help you weigh the risk and give you guidance. You don't have to hire the attorney to do the whole process, just a consultation.

There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.


If you get married outside the USA, your USC spouse will file an I-130 to get the ball rolling on your Immigrant Visa. I don't know what your home country is, but it's typically an 8 to 10 month process for non-third-world countries. Once you get your Immigrant Visa in hand and use it to come to the USA, you become a US Permanent Resident immediately, with full rights to live and work in the USA.

Rene

Originally Posted by Noorah101 (Post 8773001)

Are you actually here on a B-2, or are you here on the VWP? I suggest having a consultation with an immigration attorney, because as I said, it's illegal to enter the USA as a visitor with the intention of adjusting status to permanent resident. I don't know what your intent was at the POE on this particular visit, and you shouldn't state it here, either. You should tell the immigration attorney, who can then let you know if you have a chance at getting your AOS approved or not. If you entered on the VWP and your AOS is denied, you have no right to an appeal, and you'll be removed from the USA. The attorney can help you weigh the risk and give you guidance. You don't have to hire the attorney to do the whole process, just a consultation.

There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.


If you get married outside the USA, your USC spouse will file an I-130 to get the ball rolling on your Immigrant Visa. I don't know what your home country is, but it's typically an 8 to 10 month process for non-third-world countries. Once you get your Immigrant Visa in hand and use it to come to the USA, you become a US Permanent Resident immediately, with full rights to live and work in the USA.

Rene

Originally Posted by meauxna (Post 8773158)

I think you should go talk to a lawyer about it.

Hint: when paying for advice, don't wait for him/her to pull the info out of you one piece at a time.. it will get very expensive! :lol:

Originally Posted by jammy123 (Post 8773109)

What's the difference between the VWP and the B-2? I thought that the B-2 was a visitors visa..I am here on a B-1.

Originally Posted by Noorah101 (Post 8773193)

B-1 visa = short term business visa (for work)
B-2 visa = short term visitor visa (for pleasure)
VWP = Visa Waiver Program, means you are in the USA as a visitor, but you don't have a visa sticker in your passport.

If you are on a B-1, you are not a "visitor". You are here to do some kind of specific work for your company overseas. Sometimes they issue a B1/B2 combo visa.

Rene

Originally Posted by jammy123 (Post 8773222)

Thanks Rene. My case is B1. So just based on your experience, does this mean that I should still seek legal advice, or can I go ahead on my own. If I read the above correctly, it suggested that if I have a VWP, I should seek advice..I do have a visa in my passport.

Originally Posted by Noorah101 (Post 8773231)

Personally, I would still seek a 1-time consultation with an immigration attorney, just to get a real professional opinion. In all the years I've been on this forum, you're the first one I've seen who wants to adjust status from a B-1. Most people who ask this question are here as a visitor.

A B-1 is still a non-immigrant visa, so the question will still be whether you had immigrant intent at the POE or not. The best person to discussion this with is an immigration attorney. Try looking at www.ailalawyer.com to start making some calls to ask how much a consultation will be. It will probably be around $100 - $200.

To answer your underlying question of "can I marry, then travel outside the USA, then return to the USA to adjust status", the answer is still no, that's not a good idea. It's illegal to enter the USA as a non-immigrant, with the intent to immigrate.

Rene

Originally Posted by jammy123 (Post 8773322)

Ok, thanks so much Noorah. I really appreciate it.

Originally Posted by jammy123 (Post 8775177)

So the attorney told me that it is fine to go ahead with it since I am on a visa. Thanks again guys.