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Questions Answered by Miguel Serrano
4 Answers | Asked in Immigration Law for Alabama on
Q: Marriage to US citizen on ESTA and change of status

I'm a New Zealander we have fallen in love and want to be together. Both mid 50s. Due to fly home February. Been friends for a year. Met in person and we want to marry and I would like to change status to be with him in USA for immediate future.

Miguel Serrano
Miguel Serrano
answered on Dec 29, 2021

You may be eligible to obtain Permanent Residency through Marriage to a United States Citizen. You would be filing for Adjustment of Status and your spouse would need to file a petition for you by completing Form I-130. You should file all the required petitions and include the supporting... Read more »

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2 Answers | Asked in Immigration Law for Colorado on
Q: Can I file adjustment of status form I-485 after my visa waiver deadline date?

I am a canadian citizen on a waiver free 6 month visa now legally married to a US citizen and seeking to adjustment my status to a marriage based green card. My 6 month deadline expires soon, is it possible to file form I-485 after my deadline since I am now married to a US citizen? I was planning... Read more »

Miguel Serrano
Miguel Serrano
answered on Dec 21, 2021

Yes, you may adjust your status by filing the I-485. Your spouse would file the I-130 Petition. Because you made a legal entry into the U.S., you are eligible to adjust your status. This is true notwithstanding the fact that you file a week after your visa expires. However, there are risks involved... Read more »

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