How can I adjust my status from I485 to I130? 3 Answers as of April 27, 2015I was on a student visa in the UK when I met my wife on a dating website. Initially, we started as friends and started dating lately. She's a born white American, never married, working full time and has an annual income more than $37,000. She started learning my religion, culture and ended up conversion. She bought herself eastern dresses, way before I first met her and occasionally started dressing modestly. She also sent money, valuable gifts and cards whenever I needed while studying in the UK. We announced our relationship on the Facebook too but in my culture and religion GF/BF relation hasn't any existence. I applied for tourist visa from US embassy in London, October 2014, clearly stating that I want to meet my friend and want to spend some time with her. I planned my vacation from 5th February 2015 to 23rd February 2015, so I can spend some time as I was meeting her for the first time. Unfortunately, due to unforeseen circumstances, I couldn't able to make for that long. However, I came for 3 days and met with her family. After that I went to the UK, Dubai and Pakistan. Then I came back to spend some more time with her and let's see how it goes spending, time together. I came on 25th March 2015. I have met with her family, attended family events, we decided to get married according to state law and file for adjustment of status. Would that work for us?
World Esquire Law Firm | Aime Katambwe
As long as she is a USC and all the government requirements are satisfied, you should be ok. But do keep in mind that adjustment of status is granted at the discretion of the Secretary of Homeland Security or the US Attorney General. It is not a right.
Answer Applies to: California
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
If you and your fianc?e become married, you should be able to be successful in a marriage-based adjustment of status application. Note, however, that since you entered the U.S. with a visitor's visa which is available only for people who intend to enter the U.S. temporarily and then return abroad - if you become married and file an application very soon after your entry into the U.S., the USCIS may question whether you intended to stay permanently when you entered on March 25, and thereby committed visa fraud. It would be wise for you and your fianc?e to work with an immigration attorney, who after learning all of the relevant details, could advise you about adjustment of status eligibility, about needed supporting documentation and about the appropriate timing of your wedding.
Answer Applies to: Georgia
Law Offices of N.J. SAEH PC | Noel J. Saleh
Once you are married under state law you would be able to file a combined I-130/I-485 without leaving the USA. The fact that you may be planning a traditional/religious marriage for a later date would not prevent you from filing. The state law marriage is all that is legally required. Similarly, you should not attempt to hide any plan for a subsequent ceremony. Be honest about such plans! Any attempt to pretend otherwise would just complicate and perhaps jeopardize your application.
Answer Applies to: Michigan