Legal Question in Immigration Law in Colorado
what are the possibilities
I met a girl just over 4 years ago,i'm from the UK and she is a usc,since then i have been travelling to the us on a visa waiver(I94)i stay between 75/85 days and then go back to the UK,stay their for up to 10 weeks the return to the usa,my question is ,i have had a couple of back surgeries and cannot work in the UK.if i were in the us on an I94,could i marry my girlfriend and stay here while the paperwork was being taken care of,or would i have to leave the usa and wait in the UK and be apart from my wife?
2 Answers from Attorneys
Re: what are the possibilities
If your girlfriend has sufficient income and/or assets to support you, she can file an immigrant visa for you after you marry or a fiance visa for you now. If you enter the US legally on a visa waiver, then marry and the immigration applications are filed within 90 days, you would not have to leave the U.S. while the application is pending.
Re: what are the possibilities
You are eligible to file for an adjustment of status and stay in the U.S. while it is processed, assuming you are in the United States and ideally, 60 days has passed since you last entered before you are married.
Given a recent court case, you may want to file before the 90 days have expired however.