Anaheim, CA asked in Immigration Law for California

Q: What is the best course of action with Adjustment of status?

My fiancé and I plan on getting married soon but he is on a b-2 visa. Should he leave the country during the process or wait in the country till the process is complete.

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4 Lawyer Answers
Ana S. Mendieta
PREMIUM
Ana S. Mendieta
Answered
  • Immigration Law Lawyer
  • Naples, FL

A: Good afternoon,

Once he starts the process with the USCIS he must not leave as it will be considered abandoned.

Please consult with and immigration attorney in your area for proper process.

Congratulations and wish you the best.

Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA
  • Licensed in California

A: He may be able to wait and adjust status in the US. More facts are needed to assess the course of action. I suggest you work with an immigration attorney.

T. Augustus Claus
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Answered

A: In California, when dealing with adjustment of status for a fiancé on a B-2 visa, the recommended approach is typically for your fiancé to remain in the US during the adjustment process. They can file Form I-485 to adjust their status without leaving the country. However, it's essential to consider travel carefully. Leaving before obtaining an Advance Parole (AP) document could jeopardize the adjustment application.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your fiancé is in the U.S. on a B-2 visa and you marry, you can file for an Adjustment of Status for him to become a permanent resident without him leaving the country. Leaving the U.S. during the Adjustment of Status process can result in abandonment of the application unless he has been granted advance parole. It is crucial to seek advice from an immigration attorney to navigate the complexities and ensure all steps are taken correctly.

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