If I’m in the US on a B1/B2 tourist visa for the next 5 months and my boyfriend, a permanent resident, asked me to marry him when can I apply for an adjustment of status?

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If I’m in the US on a B1/B2 tourist visa for the next 5 months and my boyfriend, a permanent resident, asked me to marry him when can I apply for an adjustment of status?

He will start his application for naturalization in the next weeks, after we get married. I was thinking about a concurrent filing, including applications for advance parole, employment authorization, etc. Or is it advisable to wait until he becomes until he becomes US citizen, which might take few months?

Asked on January 1, 2015 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would be better for him to first become a US citizen before he applies for you because you cannot apply for concurrent filing as a spouse of a permanent resident; only as a spouse of a US citizen.  Once he applies for naturalization, it will be about 4-6 months before he is a US citizen and then he can petition for you immediately upon becoming naturalized, whereupon you can concurrently file your application for adjustment of status.


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