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Immigration Issues/Work Authorization/Legal while awaiting Status Adjustment?


I am going to US on vacation:
1)However,If i marry my BF, a USC 90days after entering the US, how soon after must we file for adjustment of status, with marriage certificate in hand?
2)I hold a Bachelor's degree, so how soon can i legally work after filing adjustment of status?
3)While the adjustment is processing, am i still legally in the US?what proof will i have once the adjustment is filed?A stamp in passport?I am aware i won't be able to leave the US.

Well first of all you do not have to wait 90 days after entry to get married. You don't have to wait at all, in theory, since certain rules about the presumption of a fraudulent entry are waived with spouses of US citizens. However, just to be on the safe side, wait 30 days, no more. 30 days is the period after which the burden shifts to the government. Now when you enter on the B visa, and if they ask why you are entering, DO NOT SAY TO GET MARRIED. Once you are in there will be no problem, but if you say that you will be barred from entry and sent back.

As for working, when you apply (or when your husband applies for you), you will include a request for a temporary work authorization while you wait for the visa to be processed. I hate to say how long this takes, but I have seen temporary work authorization come back in 2 weeks and take longer than 6 weeks.

Once the paperwork is filed, you are legally in the USA. You will receive a receipt in the mail soon after it is received by the government.

As for leaving, you can leave, but you must first obtain an advanced parole re-entry permit, which can be applied for in the same package as you are filing all the other papers.

Good luck and let me know if you need any assistance in this matter.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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