Legal Question in Immigration Law in Colorado
tourist confusion
Hi,i am looking to clear up some confusion.....i have read some of the q & a's and am confused.can anybody tell me if a person traveling on the visa waiver program(i94) can marry there girlfriend and stay in the us while the paperwork is being taken care of or would that person have to leave the usa and be apart from their new wife?some people say its possible and some say that its not. i have been traveling back and forth from the UK for over 4 years now and staying between 75 and 80 days each visit. many thanks in advance
1 Answer from Attorneys
Re: tourist confusion
Providing you are not inadmissible to adjust your status to that of U.S. permanent resident because of health, crimes, terrorism etc., then you may be able to adjust your status to that of U.S. permanent resident while remaining in the United States. Normally , a person entering with a visa waiver is not able to adjust status in the United States, but there is an exception if the spouse is a U.S. citizen. See http://uscis.gov and go to forms and look at instructions for Form I-485 exceptions. Also, if the adjustment application was denied, you may not be able to reapply before a immigration judge (you may be considered an "arriving alien") , whereas a person on a B-2 visitor visa could present his case again before an immigration judge if necessary. See http://immigrationflowchart.com (a free service) end345, end698;