Can my fiancée from the Philippines visit on visa then adjust status after 90 days?
My fiancée from the Philippines, currently living in Canada, and I would like to get married and live here in the United States. Can she come on her 6-month visa for a trip over the summer, then we apply for change of status after the 90-day cool-off period?
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That is a viable plan. You’ve already accounted for the 90 days you’d have to wait until you could marry, which helps avoid the presumption that it’s a fraudulent entry. The only issue is that customs will set the time for how long she can be in the U.S., so it may not be the full 6 months.
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My fiancée from the Philippines, currently living in Canada, and I would like to get married and live here in the United States. Can she come on her 6-month visa for a trip over the summer, then we apply for change of status after the 90-day cool-off period?
I understand your situation. Have you and your fiancée discussed your long-term plans for living in the United States?
Yes, she has already visited for a month, and we see each other very frequently, as I live just on the other side of the border and can drive to her.
Are you aware of the specific requirements and process involved in applying for a change of status for your fiancée to live in the United States permanently?
I believe so, but I would still like a lawyer to take care of it for us.
Is there anything else the immigration lawyer should know before I connect you? Rest assured they’ll be able to help with your immigration plans.
Yes.
Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. So I can best help, is your fiancée a Canadian citizen?
Hello! My fiancée is a Philippines citizen who just graduated from the University of British Columbia, which is why she is in Canada.
She has work authorization there, so she can be there legally for another few years.
Thank you for clarifying. Does she already have a U.S. tourist visa?
Yes, she does, and she’s come to visit this year too.
With the tourist visa, would she be set to not return until her green card is issued if you choose to marry here?
Yes, we’ve discussed that possibility and are planning for it. I know there’s a travel authorization form that can go along with the adjustment of status paperwork, but even if that doesn’t happen, it’ll be fine for her to stay the entire time here.
So does that seem like a viable plan?
That is a viable plan. You’ve already accounted for the 90 days you’d have to wait until you could marry, which helps avoid the presumption that it’s a fraudulent entry. The only issue is that customs will set the time for how long she can be in the U.S., so it may not be the full 6 months.
Elizabeth
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