Can you adjust your status if you are in the States with a non-immigrant visa?

[xmgirl 4]

I am wondering if you can adjust your status while you are in the US, for example if you come here with a laser tourist visa(B1/B2), or J1 being married to the us citizen then apply for the I-130 and I-485, etc. and never leaving the country? In other words coming here and never leave and apply to get the PRC.

I read in other sites that it is possible, but I just do not understand...

[Kez/JWolf 6]

It can be done...... yes

Kez

[Silke 1]

I entered the US as a student in 2004 and met my now fiance while I was still in college (i'm currently doing my optional practical training year). We are getting married in April and will then file for my AOS (adjustment of status). It is important to have evidence that shows that you had no intent to marry a US citizen when you applied for your non-immigrant visa and entered the US. If you come to the US on a non-immigrant visa with the intention to get married and then apply for AOS, you commit visa fraud.

I think you should post this question in the adjustment of status forum.

Edited March 13, 2007 by silke

[Silke 1]

I wanted to add something important about the J1: you have to make sure that the 2 -year home residency requirement does not apply to you.

[john_and_marlene 162]

Do you have a 2 year home residence requirement with the J1?

http://www.oiss.yale.edu/visa/j1twoyears.htm

Some Exchange Visitors are subject to what is called the two-year home country physical presence requirement. This "two-year residence" requirement applies to you if you receive any funding (including nominal travel grants) from your home government or a U.S. government agency. It also applies to you if trained personnel in your field are identified by your home government as being in short supply and your field has consequently been included on the U.S. government's "Exchange Visitor's Skills List." The two year residence requirement also applies to persons receiving graduate medical education or training. If you do not know whether your country and/or field appear on the "Exchange Visitor's Skills List," ask at OISS or check the Department of State website. The two-year home country physical presence requirement is explained on the reverse side of (pink copy) of the DS-2019 form. An exchange visitor who is subject to this requirement must reside for an aggregate of two (2) years in his or her country of nationality or last legal permanent residence or have the requirement waived before being eligible for other U.S. immigration statuses, including H, L or permanent resident status.

[Silke 1]

if the J1 two year home residency requirement applies to you or not depends on the country you are from. Personally I don't know much about the J1 since I came as an F1 student but I heard about cases where the 2 year home residency kept people from applying for AOS. Since xmgirl mentioned the J1 in her post I just wanted to point out the fact that there is such a thing as the 2 year home residency requirement.

[antda 13]

Hi Xmgirl,

Good luck on your immigration journey. From personal experience, arriving in the USA on B2 visa, getting married, and then applying for an AOS is legal to do. This is provided if you DID NOT come into the USA with the intention of immigration fraud by getting married here in the USA. The AOS this way worked for me (as I got my AOS approved/green card), but I can't say that it will work for everyone else, as every situation is different.

My best advice to you and to anyone else: Hire a good immigration lawyer.

Ant

I am wondering if you can adjust your status while you are in the US, for example if you come here with a laser tourist visa(B1/B2), or J1 being married to the us citizen then apply for the I-130 and I-485, etc. and never leaving the country? In other words coming here and never leave and apply to get the PRC.

I read in other sites that it is possible, but I just do not understand...

[Yodrak 7]

xmgirl,

That's what adjustment of status is - going from a non-immigrant status to LPR status.

Yodrak

I am wondering if you can adjust your status while you are in the US, for example if you come here with a laser tourist visa(B1/B2), or J1 being married to the us citizen then apply for the I-130 and I-485, etc. and never leaving the country? In other words coming here and never leave and apply to get the PRC.

.....

[xmgirl 4]

I have understood that you could only apply to Adjustment of Status from a Migrant Visa and not a non-immigrant visa, so I was confused.

I was just curious about the process..

[MargotDarko 0]

I have understood that you could only apply to Adjustment of Status from a Migrant Visa and not a non-immigrant visa, so I was confused.

I was just curious about the process..

With an immigrant visa, no adjustment of status is needed. With a non-immigrant visa, provided there are no other restrictions on the visa such as the two-year home residency requirement, you are allowed to adjust staus while in the US provided there was no intention of marriage when you entered on the non-immigrant visa. It can be very hard to prove your case, especially if the person you marry was someone you knew or were involved with before you entered the US. I imagine it is easier in the case of someone coming on a student visa, meeting someone new at school, and then marrying and adjusting. You can see the guide to Adjusting Your Status for info on which forms to fill and where to send them.

Unless you are confident that you have a very strong case to prove you had no intention of marrying when arriving on a non-immigrant visa, I would advise not going that route.

[MargotDarko 0]

I tried to edit my post because I realised it sounded like I was talking directly to you, but I meant it in a general way.

[Yodrak 7]

xmgirl,

What is a "Migrant Visa"?

Yodrak

I have understood that you could only apply to Adjustment of Status from a Migrant Visa and not a non-immigrant visa, so I was confused.

I was just curious about the process..

[diadromous mermaid 36]

xmgirl,

What is a "Migrant Visa"?

Yodrak

I have understood that you could only apply to Adjustment of Status from a Migrant Visa and not a non-immigrant visa, so I was confused.

I was just curious about the process..

[meauxna 15]

xmgirl,

What is a "Migrant Visa"?

Yodrak

I have understood that you could only apply to Adjustment of Status from a Migrant Visa and not a non-immigrant visa, so I was confused.

I was just curious about the process..

I suspect it's a munging of the Spanish word.

I was just trying to explain to the DAH that one can fudge their way through a lot of Spanish by 'latinizing' the English word. "Soap" of course being a memorable exception.

[buratino1117 0]

This is what we are doing as we speak...Just sent the paperwork to Chicago...There is no law that would specifically say that you can t adjust while in the US...MY wife came just to visit, and after 4 months I just proposed to her ( I am A USC)...We sent the paperwork just days before expiration of the I-94. At least this way, you are not rushed into a marriage,just because the timeline...I hope it will work for us, and I don t see why not...I would update the timeline accordingly