My brother who is a US citizen filed Form I-130 for me and USCIS has approved the petition. However, I have gotten married to a US citizen and wants to file the marriage based petition for green card. Can I do so?

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My brother who is a US citizen filed Form I-130 for me and USCIS has approved the petition. However, I have gotten married to a US citizen and wants to file the marriage based petition for green card. Can I do so?

My brother who is a US citizen filed Form I-130
for me and USCIS has approved the petition.
However, I I travelled to the US on a b1/b2
visa, fell in love with and married a US citizen
who now wants to file the marriage based
petition for green card for me. Can she do so?
Would the petition my brother filed for me affect
the marriage based petition my wife wants to
file for me?

Asked on May 16, 2017 under Immigration Law, South Carolina

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

This is fine and you can adjust status once you are married to a US citizen; however, you are adivsed not to get married within 90 days of your entry to the US as that can be and will be viewed as misrepresentation of intent at the time of entry as a visitor and may have implications on your ability to immigrate.  It is best to wait at least 90 days and then proceed.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


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