Can I adjust my status based on my pending marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I adjust my status based on my pending marriage?
I entered the US on a K2 visa. When I filed my AOS it was based on the fact that at the time of marriage between my mom and stepdad, I was past 18. Now
I’m 23 and I’ve been in a relationship. In fact, my boyfriend just proposed to me. Can I adjust my status based on marriage to him without my previous
case being a problem?
Asked on March 19, 2016 under Immigration Law, New York
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
For a spouse visa petition and dependents, it would be a problem that you were over 18 when your mother and stepfather married but to adjust as part of the fiancee visa process, it should not be a problem, I believe. However, without knowing all the specifics, if you entered in K-2 status you are not eligible to adjust except through the initial petitioner, even if you are now married. you'd have to depart the US and reenter in order to immigrate. However, without again knowing whether you have been out of status or for how long, I cannot advise as to what to do without jeopardizing your current status.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.