Legal Question in Immigration Law in Illinois

I met my girlfriend when I was in Europe for a year. I've returned back to U.S after which she applied for tourist visa and came to see me. She stayed for six months then she returned back to her home country she came to see me again after three months of being outside of U.S. She stayed for about four weeks this time and returned back home. I went to see her and stayed again in Europe for about two months. Now She is planing on coming back to see me again and I would like to surprise her and ask her to marry me. I want her to be able to stay with me legally and apply for adjustment of status. What is the best course of action for us to accomplish this so we can stay together without her having to leave again. Thank You.


Asked on 4/04/13, 10:07 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

She cannot enter the U.S. as a visitor if she has immigrant intent.

However, if a person enters the U.S. as a visitor & later ends up getting engaged to a U.S. citizen, they can apply for adjustment of status. Keep in mind that USCIS finds preconceived immigrant intent if they file for adjustment within the first 90 days of the B-2 stay in the U.S.

Getting married too quickly can lead to USCIS being suspicious of either immigrant intent or fraud.

Another option is the "fiance" (K-1) visa.

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Answered on 4/06/13, 9:09 am


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