Asked in Immigration Law for Florida

Q: I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country).

I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country) and have him go back to his home country. When I gain citizenship (I applied already and I am in my sixth month of waiting for an interview), I could have him come back to the USA and filed an adjustment of status. I am unsure if this can be done. I am tired of long distance and traveling back and forth. Is there a rule to this? Since we will already be married and he would have to wait for me to be a citizen to come back for an adjustment of status?

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2 Lawyer Answers
Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: You can marry him while you are only a permanent resident and can in fact file for him while you are only a permanent resident. His case will be placed in the preference category line. After you naturalize, you can always "upgrade" it to "spouse of U.S. Citizen." As far as having him come to the U.S. with the express intent of filing an adjustment of status case, if he was doing so on some type of nonimmigrant visa for which it is not ok to have preconceived immigrant intent, then that would not be appropriate. You should schedule a consultation to discuss with an attorney possibilities, including, for example, an immigrant visa consular processing case based on an underlying petition for relative that you file for him after marrying him while you are only a permanent resident. Some firms, like mine, are offering telephone or online video (Skype / Zoom) consultations during the ongoing pandemic.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: The general rule is; A person married to an LPR may only adjust within the USA if that person has maintained a lawful status in the USA the entire time he has been here. A person married to a USC is excused from an overstay and may adjust status.

There is also a 90 day rule; A person who entered the USA on a non immigrant visa and applies to adjust status is assumed to have committed misrepresentation at the border.

To discuss the various options and rules I suggest you consult with an experienced immigration attorney.

Stephen Arnold Black agrees with this answer

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