Q: Can I file my Australian girlfriend for adjustment of status in the U.S if I marry her?
Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose to her, if she says yes and we marry and file for adjustment of status before she leaves I plan to try and have her live with me in the U.S. I am in the U.S Army and can deploy at any time and would feel safer if she was here.
A: Your plan "for an Adjustment of status before she has to go home" has a significant weakness, assuming you are a US citizen and all goes well with your marriage. After your marriage, you may apply for an adjustment of status. The adjudication may take several months. However, your new spouse may not leave the country before final approval of the petition because it may be considered an abandonment of your petition. If it works for you then in general it should be ok. If not, then you will need to start it again next time once she arrives in the US (assuming no issues to enter under an ESTA) or you will need to initiate another family reunion petition assuming consular procedures. In either case, there are some legal specifics and exceptions. I would strongly recommend discussing your plan in detail with an immigration attorney to have professional guidance and to be on the safe side.
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A:
If you and your girlfriend get married while she is in the U.S. on an ESTA, it is possible to file for adjustment of status based on the marriage to a U.S. citizen. However, it's crucial to understand that the process may not be completed before her ESTA expires in January.
Once you marry, you can file the necessary forms for adjustment of status, including Form I-485. However, your girlfriend will need to maintain lawful status in the U.S. while the application is pending, and she may not be able to leave the country during that time without the risk of abandoning the application.
I strongly recommend consulting an immigration attorney to guide you through the process and ensure you understand all the requirements and implications of filing for adjustment of status.
Best regards,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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