Can I marry a US citizen in the US and then file for adjustment of status there?

However, what about if I married my fiancé there who is not a US citizen but is a US lawful permanent resident? Could I then file for adjustment of status? Please explain what the process would be if a foreigner married a US lawful permanent resident in the US.

Asked on September 16, 2013 under Immigration Law, Florida


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. If you should be present in the United States, adjustments shall become backlogged beginning in October 2013. Your visa status will also be relevant. Likely the, after approximately eight months, after the category is no longer backlogged, you may process your marriage through the United States Embassy. Do contact a private attorney who will be happy to help you. Immigration and Visa law is federal law, so any knowledgeable licensed attorney may assist you. You may phone my law firm on Saturdays and Sundays, as well as weekdays. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.


Tricia Dwyer, Esq & Associates PLLC

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Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 7 years ago | Contributor

Hello and thank you for your email. If you were to enter the US now and file, you could process the Adjustment. The category is current for September. However, it will backlog in October. Thus, you could not file an adjustment after September. It would also depend on your visa status.  The category may catch up and you can still process the marriage case via the US Embassy in about 8 months.

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