Are there any adjustment issues for a B2-visa holder stay legal upon marrying LPR? 6 Answers as of January 03, 2011

How can a B2-visa holder stay legal upon marrying LPR? Any adjustement/work visa needed? To be added LPR is Iranian political assylee based, applied for bankruptcy, protocol7(does it affect sponsorship?) pls advise ur charges on such file.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
The marriage of a B-2 visitor to a lawful permanent resident (a/k/a green card holder) does not confer any benefits on the B-2 visitor. While the LPR can file an I-130 to sponsor the B-2 for a green card, there is a 4 year waiting list for green cards in this category and the B-2 will not have any legal status while waiting for a visa number. The B-2 must either leave the US, change to another visa status such as F-1 student status or H-1B worker status to try to remain in the US, in which case it might be best to wait on the marriage (particularly with respect to the F-1 visa because of the immigrant intent issue) or allow the status to lapse and take the risk of becoming illegal and begin accruing unlawful presence. If the LPR later becomes a US Citizen through naturalization the I-130 can immediately be upgraded and there is no waiting list for a visa and the I-485 adjustment case can be filed regardless of whether the B-2 remains in legal status. If the LPR does not become a USC the B-2 cannot adjust in the US and when a visa ultimately becomes available must return to their home country to be consular processed for their green card. If they have accrued more than six months of "unlawful presence" in the US they will face a 3 year bar on coming back to the US. If more than 1 year of "unlawful presence" has accrued, a 10 year bar will be imposed. It is always wise to consult with a qualified immigration attorney to discuss your unique situation so that he or she can help you work out the best strategy for you and your fianc for securing your green card in the shortest period possible. Charges will vary depending upon the processes and timeframes involved. Specific fee ranges can be obtained by talking with our office directly should you wish to pursue this matter further. We, like many offices offer an initial consultation for $100 at which we meet with you get a complete history, assess your goals and develop a strategy for you.
Answer Applies to: Massachusetts
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You may be able to adjust your B1 status while in the U.S. How long has your spouse been a legal permanent resident? This is important because he or she could apply for citizenship and accelerate the process.

Filing for bankruptcy is a question on a citizenship application and could affect you application.
Answer Applies to: Texas
Replied: 12/31/2010
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
A B-2 holder married to an LPR cannot adjust right away because the visa bulletin is retrogressing in January of 2011. This means that the B-2 holder needs to change to another type of non-immigrant visa or return to their native country to wait for the petition to become current. There not enough facts in this post to determine whether the B-2 holder is qualified to change status. I cannot give a fee estimate because there is not enough information here and frankly, a full consultation is necessary.
Answer Applies to: Virginia
Replied: 12/31/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You must wait until your I130 is approved before you are legal. The wait could be 2 years, more or less. By that time you will be illegal. You will have to go back to your country to wait for the
immigration visa. Actually you should go back. Don't overstay your visa because it can be very expensive. Good luck!
Answer Applies to: Florida
Replied: 12/31/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Just marrying an LPR does not make a B-2 legal - by filing an I-130 you get a place in line for eventual permanent residency but need a valid nonimmigrant status to wait here while awaiting a visa to become available or the LPR to become a citizen so you would be an immediate relative. I would be happy to consult with you about your case. My consultation fee is $350 per hour but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for work after the consultation.
Answer Applies to: California
Replied: 12/30/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Marrying a LPR or US Citizen does not give you any legal status. You must file for adjustment of status. To file for adjustment of status based on an approved I-130 by a LPR spouse your priority date must be current and you must be in status or protected under 245(i). Therefore, if you remain in the U.S. after your B2 stay expires, you may not be eligible to adjust your status.
    Answer Applies to: California
    Replied: 12/30/2010
Click to View More Answers: