Re: I married on a visitor visa

There are conditions under which you can file to adjust but you must obtain a full legal review of your case as there are issues such as preconceived intent and overstay on the visitor visa that will need to be studied to determine how or whether they affect your ability to adjust. We would be pleased to have a consult with you to review these issues and your overall eligibility to adjust status. Thank you.

Re: I married on a visitor visa

Good Afternoon and Congratulations on getting married!

If you entered the country legally, then you can apply for adjustment of status through marriage without leaving the U.S., even if you overstayed.

However, if you did not enter legally, you will only qualify to adjust in the U.S. if you are protected by another immigrant petition filed for you on or before April 30, 2001.

If you qualify to adjust your status in the U.S., you must show proof of a real marriage,like joint documents. It may take a few months to get joint documents together, which is why some people wait a few months after marriage to apply for their permanent residency.

To discuss your specific case further, kindly email me at eloreto@loretomedinalaw.com, or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: I married on a visitor visa

Dear Inquirer:

Generally you would be eligible to file for adjustment of status based on the petition of your US Citizen husband, since you were lawfully admitted as a visitor. If you married within 30 days of your admission, however, the law presumes that you intended to stay permanently when you presented yourself as a visitor, such that you would have a problem with "preconceived intent" misrepresentation, which could render you inadmissible.

Assuming you are eligible and have no problem with preconceived intent or any other ground of inadmissibility, once you file your application, you will be issued a work authorization in approximately 90 days and the adjustment of status interview should be scheduled in approximately 6 months.

I recommend that you email me at dphanlon@hanlonlawgroup.com or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this matter further.

Re: I married on a visitor visa

It depends on when you entered the United States.

I suggest taking a look at the following for more details:

http://www.msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71

http://www.msclaw.com/Green_Card_for_Spouse.html

Re: I married on a visitor visa

There are presumptions about your intent at the time of your entry to the U.S. based on when you married relative to when you entered the U.S. Overcoming the presumptions is not normally an issue with spouses of U.S. citizens, however, it must be addressed, not ignored.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at alice@yardum-hunter.com. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: alice@yardum-hunter.com WEB: http://www.yardum-hunter.com

A “Super Lawyer” 2004 – 2009, Los Angeles Magazine