Adjustments to a Visa Waiver while Marriage to a U.S. Citizen
Adjustments to a Visa Waiver while Marriage to a U.S. Citizen and applying for adjustment of status to permanent residence, while in the USA, has changed in the application of the law.
Post-90-Day Challenges: Consulting an Attorney is Essential
After the 90-day stay has expired, applying for adjustment of status causes problems in most jurisdictions and therefore a person must consult with an attorney before doing so.
Seizing Opportunities: Adjustment of Status Within the 90-Day Window
Currently, it’s possible to apply for adjustment of status through marriage to a U.S. citizen, provided that the petition and adjustment to a visa waiver for permanent residence are filed within the 90-day period.
Legal Timelines: Marrying a U.S. Citizen and Adjusting Status
When the foreign-born spouse decides to get married, there are laws that relate to the procedures. If that person intends on getting married and adjusting status to permanent residence, they may not enter the USA on a visa waiver. There is an assumption in law that the foreign-born spouse intending to get married in the USA only occurs within 30 days of arrival.
Visa Waiver Dilemma: Procedures and Timely Decision-making
However, if the decision to get married occurs 60 days after arrival, there is an assumption that the parties had not intended on getting married and thus applying for adjustment of status when the foreign-born spouse initially arrived. If a person decides to get married to a U.S. citizen, while he/she is abroad, then the appropriate visa for entering the USA is the fiancé visa (K-1 visa.)
Beyond Assumptions: Implications of Marrying 60 Days After Arrival
With advice from the right immigration lawyer, you easily be guided to the visa that applies to your need.
International Nuptials: Opting for the Fiancé Visa (K-1 Visa)
At Jurado & Associates, P.A., we look forward to building a long-lasting and mutually beneficial partnership.
Expert Guidance: Choosing the Right Immigration Lawyer
If you have any questions about our visa and immigration services or the adjustments to a visa waiver, please call (305) 921-0976, send us an email at [email protected], or WhatsApp at +1 (305) 921-0976 and we will contact you right away!
