What if my fiancé (e) is already in the United States in another status and we decide to marry?

If your fiancé (e) came to the United States lawfully using a visa other than a fiancé (e) visa and you marry, you can file an I-130 relative petition for him/her as your spouse. He or she may be able to file Form I-485 along with your petition. For information about the I-130 relative petition, please see Customer Guide A1.

If your fiancé (e) is in the United States and entered unlawfully, in most cases he or she will not be able to adjust status to that of a permanent resident while in the United States. In this situation, once you marry, you may file an I-130 relative petition for him or her as your spouse. If approved, he or she will have to pursue an immigrant visa at a U.S. Embassy or consulate overseas.

Author: Mark

A U.S. immigration lawyer. Legal Services available in Arabic and Russian.

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