Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

A: There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be approved. Best to work with an immigration attorney.

A: If your Ukrainian boyfriend entered the U.S. on a B2 visa and you marry after the 90-day window, the chances of a successful Adjustment of Status (AOS) are good, provided that you demonstrate the legitimacy of your relationship and he didn’t enter the U.S. with the intention of circumventing immigration laws. Waiting beyond the 90 days helps mitigate suspicion of visa misuse, which strengthens the case. You’ll also need to show solid evidence of your marriage, such as shared finances or living arrangements.

At the port of entry, U.S. Customs and Border Protection (CBP) officers have discretion over how long to admit B2 visa holders. While the typical stay is six months, it can be shorter based on the officer's assessment, so he should be prepared for questions about his visit and provide details about his intended length of stay. Given his brief previous visit in June, the officer may ask for clarification on his travel pattern, but it’s not uncommon for tourists to make short stays.

Political changes could impact processing timelines or immigration policies, especially after the inauguration. If you are concerned about future policies, having him enter the U.S. before any potential policy shifts might provide peace of mind. As for alternatives, applying for a K-1 fiancé visa or getting married abroad with an I-130 petition both take longer, with processing times ranging from 8 to 18 months, depending on backlogs. However, AOS within the U.S. typically allows him to apply for work authorization in about 5 to 7 months after filing, which is generally faster than waiting abroad for a K-1 or I-130 approval.

A: A tourist entering the country solely for visitation purposes, but then changes his mind can get married to a US citizen and adjust status to get a green card. If he enters the country with a specific intent to reside permanently, then that would be considered Immigration Fraud. But it’s not immigration fraud if the tourist honestly changes his mind after entry. Consider working with counsel. Some of his charge a very affordable flat fee for start to finish representation.