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?


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)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.


Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.