Q: Status Adjustment
My husband is a U.S citizen and I am a EU citizen. We got married in LV earlier this year during my visit on a B1/B2 visa.
We can provide evidence we have known each other for over 4 years. My husband is unable to visit me in Europe, because his passport cannot be renewed right now. Can I travel to see him on my visa and file for adjustment of status while in the US?
A:
The answer is "maybe", the reason being you getting married on a Tourist Visa. If you had stayed in the US and applied for a Green Card this situation would have been avoided. Now it is upto the CBP agent who will interview you, if he/she decides you cannot come in until you get a Green Card you will have no other option than to get a Green Card through your husband. If the agent decides to allow you, you wouldn't need a green card. So its upto the agent and i suggest you start your green card process as soon as possible by contacting an immigration attorney. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. 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 are of a general nature only, and are not meant to create an attorney-client relationship.
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