I am a U.S. citizen. My girlfriend is vising me on a B-2 tourist visa and we now wish to get married. Can we apply for adjustment of status, or is she required to leave the U.S. in order to apply for a green card?

Answer

There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud / misrepresentation, depending upon what was said at the port of entry and/or during the visa application process, among other factors. I recommend you schedule a consultation with an attorney who can assist you in deciding how best to proceed. (09.May.2016)

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