Timing Your Marriage and Adjustment of Status I-485: A Guide for B2 and ESTA Visa Waiver Holders

Deciding when to marry your U.S. citizen fiancé and when to apply for adjustment of status for a green card is a significant step in your immigration journey. Timing is crucial, as the choices you make can greatly affect the success and ease of your application process. In this comprehensive guide, we will explore the factors to consider when determining the best time to marry and apply for a green card as a B2 visa holder or ESTA entrant when you are in a legitimate romantic relationship with a US Citizen. Of course, this blog applies to those who did not have immigrant intent when they entered the US, but facts and circumstances changed after the visitor’s entry into the US.

Part I: When to Get Married

• Understanding Visa Limitations:
  If you are in the United States on a B2 visitor visa or under the Visa Waiver Program (ESTA), it's essential to be aware of the limitations of these visas. B2 visas are typically granted for tourism and may not be used with the intent to immigrate or marry a U.S. citizen. ESTA, on the other hand, allows for short visits for business or tourism but does not permit immigration generally although marriage to a US Citizen does provide the opportunity to apply for a Green Card through Adjustment of Status.

• Consider Your Intentions:
  The U.S. immigration system prioritizes genuine marriages, not those solely for immigration purposes. Therefore, it's important to marry when your intentions are sincere and your relationship is bona fide.

• Build a Strong Relationship:
  Take the time to build a solid foundation for your marriage. This includes understanding each other's values, expectations, and long-term goals. Developing a strong emotional connection is as crucial as any legal requirement.

• Meeting the Legal Requirements:
  Ensure that you meet all legal requirements for marriage in the state where you plan to wed. These requirements can vary, so research them thoroughly and obtain any necessary licenses and make sure to get married while the license is still valid.

• Consult with an Immigration Attorney:
  Before getting married, consider consulting with an immigration attorney who can assess your specific situation and provide guidance on the best course of action. They can help you understand the legal implications of your choices and make informed decisions.

Part II: When to Apply for Adjustment of Status

Marriage Timeline:
After getting married, you may be tempted to immediately apply for a green card. While this is an option, keep in mind that USCIS may be suspicious if your marriage occurred shortly after your entry into the U.S. It's not uncommon for USCIS to scrutinize such cases more closely to ensure the marriage is genuine. When our clients have a long dating history for at least a year before they get married, however, we do file for adjustment of status as soon as they get married–assuming that they didn’t get married immediately after entering the US. We make sure we document this fact that the couple has been in a relationship for a significant period of time before marrying, despite filing for adjustment of status immediately after marriage. This strategy always works best for our clients. 

• Conditional Permanent Resident Status:
  In many cases, when you marry a U.S. citizen, you'll initially receive conditional permanent resident status. This status is valid for two years and requires you to jointly file Form I-751 to remove conditions during the 90-day window before the two-year anniversary of your green card.

• Marriage Duration Matters:
  USCIS may view marriages of shorter duration with more scrutiny if you don’t have a long dating history (unless you have an arranged marriage and it is a norm in your culture). 

• Financial Stability:
  Consider your financial situation. Your U.S. citizen spouse will need to submit an Affidavit of Support (Form I-864) as part of the green card application. Ensure that your spouse meets the financial requirements to sponsor you.

• Prepare Required Documentation:
  Before applying for adjustment of status, gather all necessary documents, including your marriage certificate, financial records, affidavits of support, and other supporting evidence to prove the authenticity of your marriage.

• Plan for Delays:
  USCIS processing times can vary, and delays can occur. Be prepared for potential waiting periods after submitting your application. While waiting, maintain valid legal status to avoid any issues.

• Travel Considerations:
  Keep in mind that traveling outside the U.S. while your adjustment of status application is pending can complicate your case. Once the adjustment of status is filed, you must not leave the US otherwise your case will be considered abandoned unless you have travel permission via an Advance Parole card. Consult with an immigration attorney to understand the implications of international travel during this time.

Part III: Legal Considerations

• Immigration Laws and Policies:
  Immigration laws and policies can change over time. It's essential to stay informed about any updates that may affect your case. We let our clients know that they do not hire us for merely filling out forms. Our law firm’s value comes from our ability to guide the clients on the best strategy and best presentation of the client's narrative and evidence

Timing is a critical factor when marrying a U.S. citizen and applying for a green card as a B2 visa holder or ESTA entrant. While it's important to adhere to legal requirements, it's equally vital to ensure that your marriage is genuine and not solely for immigration purposes. Take your time to build a strong relationship, consult with an immigration attorney, and follow the appropriate steps when the time is right. By making informed decisions, you can increase your chances of a successful adjustment of status and, ultimately, securing your green card and permanent residency in the United States.

Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.