Tourist Visa Adjusting thru LPR Marriage?

[MarryMe987654 244]

Hello,

 

So I come across a post on Facebook about a tourist visa holder who is adjusting after marring an LPR. Is that possible? I thought you can only adjust through marriage to a USC?

 

I tried looking for reference on the USCIs website but I can't find a solid reference.

 

What do you guys think?

[Crazy Cat 41,425]

Depends on F2A visa number availability date in the visa bulletin and other conditions such as current status of foreign spouse.  

Edited April 3, 2023 by Crazy Cat

[Timona 4,205]

The loophole for concurrent filing when married to LPR is since gone. You can marry, no problem.

[Boiler 45,054]

As long as the PD is current when they file and are in status.

[Mike E 11,734]

4 hours ago, MarryMe987654 said:

So I come across a post on Facebook about a tourist visa holder who is adjusting after marring an LPR. Is that possible? I thought you can only adjust through marriage to a USC?

If the beneficiary arrived on a visa waiver, no I-485 is possible if the petitioner is an LPR spouse.

 

Otherwise you can file I-485 if the spouse is an LPR. This is true even though the final action date in the visa bulletin is not current for the F2A category. This is because the filing date in the visa bulletin for F2A is current and for April, USCIS has said family based petitions can use the filing date chart.

 

[Chancy 6,239]

*** Moved from Tourist Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

15 hours ago, MarryMe987654 said:

I tried looking for reference on the USCIs website but I can't find a solid reference.

 

Here's the USCIS link for what @Mike E mentioned above -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

 

LPR marriage-based AOS from tourist visa would be F2A under family-sponsored preference categories.

 

[MarryMe987654 244]

Thank you for all your response. All very useful information