Q: Can I get married to my boyfriend on a visitor visa from Canada?
I arrived here on August 29 but went back for Christmas to see my mom. Came back and he proposed. If I were to marry him now, would I be able to apply for I-130 and stay? Also would like to know if leaving the USA made the 180 days start over or if it continued where it left off from when I left the first time, thank you!
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A:
Yes, you can get married in the United States while on a visitor visa from Canada. After getting married, you can apply for an Adjustment of Status through the I-130 form to become a permanent resident based on your marriage to a U.S. citizen. However, it's important to note that you must have entered the U.S. with honest intentions as a visitor and not with the preconceived plan to marry and stay.
As for your time spent in the U.S., the 180-day count for unlawful presence does not continue while you are outside the United States. Each entry into the U.S. on a visitor visa starts a new period of authorized stay. So, your recent re-entry into the U.S. after Christmas started a new period of authorized stay.
Remember, it's crucial to ensure that all actions are in compliance with immigration laws. Marrying and applying for adjustment of status is a complex process, and any missteps can have significant consequences. It would be wise to consult with an attorney experienced in immigration law to guide you through this process and ensure that your rights and interests are protected.
A: Yes since you entered the US with a visa and your boyfriend proposed, you can file for adjustment of status after the marriage and process your application for a green card in the US.
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