Can I person who entered US legally on a B-2 visa get married to a US citizen and adjust their status ? The US citizen has a health issue and doesn't work at the moment because of that, does that create a problem ? How long does it take for one to adjust their status and is it possible to adjusted if US citizen has those problems ?
State/Country relating to question: California
Yes, this is possible as long as the relationship can be proven to be real and not just entered into for the purpose of an Immigration benefit. Once you marry, you will need to file the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), G-325A (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, Marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.
In about 3 to 5 months after filing, you should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later you should get a Residency status (Green Card).
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Does the spouse health issue comes to a factor here ? She has breast cancer and its in early stage, will that create any issues ? No, the marriage isn't entered just for the status change, its out of love for each other and care.
The idea is that the U.S. Citizen spouse will file an Affidavit of Support to cover any means-tested public benefit that the immigrant uses. If the immigrant does not use anything, then the U.S. Citizen does not have to pay anything back. If it is the U.S. Citizen that has the health issue, then there is no immigration issue as long as she makes enough money to guarantee that the immigrant does not become a public charge. If she doesn't make enough money, then she will need a Joint Sponsor which can be any U.S. Citizen or Lawful Permanent Resident that does make enough money. Please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
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