If you’re thinking about coming to the United States on a tourist visa and then applying for a green card while you’re there, it’s important to understand the rules and risks involved.
Entering the U.S. on a temporary visa, such as a tourist or work visa, to do either of the following misrepresents your purpose for being in the country:
- Marrying a U.S. citizen or green card holder and then living permanently in the U.S.
- Applying for a marriage-based green card while you’re already in the U.S.
The U.S. government takes this very seriously. If you enter the country with a tourist visa and then try to get a green card based on marriage, this can lead to severe consequences. These include:
- When placed in removal proceedings (deportation)
- Having your visa revoked (invalidated)
However, the situation is different if you arrive in the U.S. with a tourist visa or other temporary visa, planning to return to your home country before your visa expires, but your plans unexpectedly change. If you decide to get married and apply for a marriage-based green card during your stay, immigration authorities generally consider this a legitimate change of plans.
The 90-Day Rule
If you find yourself in this situation, it’s crucial to understand the 90-day rule. This rule matters because it can influence how U.S. immigration authorities view your green card application.
Our detailed guide will explain more about the 90-day rule and how it impacts your application for a marriage-based green card. It’s essential to follow the rules carefully to avoid complications.
How long does the adjustment of the status process typically take
The adjustment of status (AOS) process typically takes between 6 to 18 months after filing Form I-485, but this timeline can vary based on several factors:
- USCIS Workload: Processing times fluctuate depending on the volume of applications being handled by USCIS.
- Interview Requirement: If an interview is necessary, it can extend the overall processing time.
- Request for Evidence (RFE): If USCIS requires additional documentation, this can also delay the process.
- Visa Availability: For applicants in family preference categories, waiting for a visa to become available can add to the duration.
More specific timelines include:
- General Timeline: Overall, the AOS process can range from 8 months to 2 years, depending on individual circumstances and case complexity.
- Marriage-based Applications: Currently, the processing time for spouses of U.S. citizens is about 9.8 months, while it may vary for spouses of green card holders.
Common reasons for delays in the adjustment of the status process
- USCIS Processing Backlogs: High volumes of applications can lead to significant backlogs at USCIS, resulting in longer processing times than expected.
- Incomplete Application Packages: Submitting applications that are missing required documents or contain errors can cause delays. It’s crucial to ensure that all forms are filled out accurately and completely.
- Requests for Evidence (RFE): If USCIS requires additional information or documentation, they will issue an RFE, which can extend the processing time as applicants must respond within a specified timeframe.
- Criminal Records or Background Checks: Applicants with a criminal history may face additional scrutiny and longer review times as USCIS conducts thorough background checks.
- Missing Documents or Incorrect Information: Any discrepancies or missing information in the application can lead to delays or even denials. Ensuring all documentation is accurate is essential.
- Failure to Attend Interviews or Provide Necessary Documents: If applicants miss scheduled interviews or fail to submit requested documentation on time, this can significantly delay the process.
- Visa Availability Issues: For applicants seeking adjustment based on family or employment petitions, waiting for a visa to become available can add to the timeline, especially in categories with high demand.
- Changes in Immigration Policy: Shifts in immigration laws or policies can also impact processing times, potentially leading to longer waits for applicants
To sum up, if you’re thinking about coming to the U.S. on a tourist visa and then applying for a marriage-based green card, be aware that it’s illegal to enter with the intent to marry and stay permanently. However, if your plans change while you’re in the U.S. and you decide to marry and apply for a green card, there are rules and guidelines to follow.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Spouse Visa or an Adjustment of Status, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
