Can I adjust my status based on my pending marriage?

UPDATED: Sep 30, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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