How much time prior to the I-94 departure date, will a change of status application be considered?

My boyfriend of 1.5 years has been visiting me for 5 months on a B2 visa. We have decided to get married but do not want to be separated for the months it would take for him to apply for a fiance visa from his home country. If we marry now how much time will we need for a change of status application to take effect? In other words his I-94 expires in 2 months we would like to know if his change of visa status will be considered prior?

Asked on November 4, 2011 under Immigration Law, Illinois


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should wait as long as possible before getting married and submitting the application to adjust status so that it does not look like he entered the US as a visitor but with the intention to marry.  Typically, a 90 day wait time is sufficient as a safe harbor.  I would say wait as long as possible, then get married and file for the adjustment of status.  Even if his I-94 will run out at that time, it will be fine since he is married to a USC and adjusting status on the basis of marriage to USC.  It should then take about 4-6 months for the processing of the adjustment of status application.

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