DrNo 7/10/2013 6:08:59 PM
Hello everyone!I came to USA on visitors visa 10 days back..and I want to get married to my girlfriend who is a Green Card holder.Initially I was planning to leave US after getting married and wait for consulate proccessing in my home country BUT as the priority date of F2A has become Current..can I stay in the USA and apply for Adjustment of Status??If someone could help me with this regard I would be very thankful..I dont have much time left!!
Swe 7/10/2013 10:55:25 PM
[quote=DrNo;1221]Hello everyone!I came to USA on visitors visa 10 days back..and I want to get married to my girlfriend who is a Green Card holder.Initially I was planning to leave US after getting married and wait for consulate proccessing in my home country BUT as the priority date of F2A has become Current..can I stay in the USA and apply for Adjustment of Status??If someone could help me with this regard I would be very thankful..I dont have much time left!![/quote]
read the below blog
http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html#more
if you leave US while I-485 is still been processed, USCIS may considered that he has abondon I-485. To prevent that you have to to either have (a) EAD/AP card with you BEFORE leaving US or (b) have H1, H2, L1 or L2 status.
EAD/AP card is sent typically three months after filing I-485. This means you have to remain in US after I-485 is filed.
DrNo 7/11/2013 1:10:28 PM
Thanks SweSwe!my I-94 is valid for 6 months..so if I-485 way is possible,I can wait here.but if not than I dont want to stay here for no reason.
I could only say you DrNo Congratulations. Marry immediately and file. That is the best way.
Please see this: http://blog.mygcvisa.com/2013/07/fb-category-frequently-asked-questions.html?showComment=1373548046678#c4161744796270570631
The safest thing you can do is get married in US. Then you can submit I-130 application and go through consular processing. There is a 30/60/90 rule used by USCIS to detect fraud cases. A good lawyer would be able to help. Also see these links:
http://immigrationworkvisa.wordpress.com/2011/12/27/green-card-adjustment-san-diego-after-b2-entry/
http://www.msclaw.com/news/3/71/30-60-90-Day-Rule-and-Adjustment-of-Status.html