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My fianc� is on an m1 visa but I�m the visa it has an R on…

Second opinion] Yes. My...

Second opinion] Yes. My fianc� is on an m1 visa but I�m the visa it has an R on it. So we are not sure if after we marry ,will be able to change his status? Do you know what the R means? He is flight school , he hasn�t finished his training yet. We will marry this week.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet. But we wondering first if his status can be changed so he can get a permanent residence since I am a citizen. He is Chinese

Lawyer's Assistant: Have you talked to a lawyer about the visa?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing much, his visa still valid until end of June I think

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Answered in 1 hour by:
3/28/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,973
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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The R on his visa will not prevent him from adjusting his status to permanent resident in the US. The R stands for regular, as in a regular visa. Yes, you can marry and you can petition for his green card based on the marriage since you are a US citizen.

Let me know if you need additional information or more details about this.

Good luck to you and I hope this answer has helped you.

Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. The question will NOT finish or close after you click and rate me. DON'T WORRY. It will stay OPEN after you rate me and I can continue to answer your follow up questions at no additional charge, if you have any.

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Customer reply replied 4 months ago
Is it true about the 90 days rule that if he went back to China in dec 2017 and came back on January 3,2018 do we really have to wait 3 months to marry? He first came with this r m1 visa on June 2016 to do pilot training and then he changed schools on January 2018 to finish 1/4 of his training. He still hasn’t finished his training and I was planning on marrying this week but now I’m not sure
Customer reply replied 4 months ago
We have been a couple for 1.5 years.

It is not a law that you have to wait 90 days after he entered the US to get married. However, it is recommended that he wait 90 days after entering the US to file his application for adjustment of status in order to rebut the presumption that he entered the US with the intention to apply for his green card here in the US.

I hope this helps and that you can kindly issue a good rating.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,973
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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