Can my fiance adjust status without leaving the country? 3 Answers as of May 03, 2011My fiance has had a B-1 tourist visa for over a year. This is her third time entering the US. The first two were for legit tourist purposes, and to also search for future employment with an H-1B Visa. She has been in a program to prepare teachers for two years that is designed to lead to employment as a Bilingual Teacher in a shortage area. Unfortunately, due to budget cuts, many schools are still looking for bilingual teachers, but don't want to go through the whole immigration process. At job fairs, they have openly told us that they would consider hiring her if she was sponsored another way (such as through marriage/adjustment of status). She has been in the US for over a month now on the B-1 visa. We had no intention to get married when she entered the US, but we have been together since we were working and living together in Mexico. I am positive I would still marry her regardless of the situation, though I would be more comfortable making long term plans to invite friends and family....but would be completely willing to do it as quickly as possible if it improves the situation. Should we get married? If we do, can we adjust her status here so she can work in the US and teach without an H1B visa? Again, she has never violated immigration law before, or been here illegally.
Nicastro Piscopo, APLC | Louis M. Piscopo
If you marry, your fiance, now wife, will be eligible to file for adjustment of status. As part of her application she will also be able to a work permit. If the adjustment of status application is granted she will receive.
Answer Applies to: California
Devore Law Group, P.A. | Jeffrey A. Devore
You do not indicate your immigration status, but presumably you are a United States citizen. In such a case where you and your fiance marry it appears that she would be eligible to apply for adjustment of status. There are, however, timing considerations that you should take into account in order to avoid pre-conceived intent issues. I suggest you consult with an experienced immigration attorney who can review the specific facts of your case with you and advise you how best to proceed.
Answer Applies to: Florida