Question:

How does the process of " adjustament of status " works?

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How a LEGAL tourist or whatever else can stay after he got married, how long will it take to get adjusted?

can he/she get adjusted even if his visa is expiring in 2 months?

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  1. There are a couple of factors here such as whether you married a US citizen and when you are applying for a green card through adjustment. Beware that using the tourist visa to do this is not considered an appropriate use of the tourist visa, you should use the fiancee visa. Check out http://www.myfianceevisa.com  and http://www.sampleimmigrationforms.com  for more info.  


  2. If you married while on a tourist visa, you have to go home and wait while your US-citizen spouse applies for a spousal visa for you.  You just triggered a marriage fraud investigation by entering on the wrong type of visa, and it will take 2 to 2-1/2 years to get a spousal visa, if it is approved.  

    If you do not leave the US before your visa/I-94 expires, you will not get a spousal visa.  Visa overstayers and illegal aliens get barred from re-entry for a period of time (length of time depends on how long you overstay/remain illegally).  The spousal visa application could only be filed after completion of the bar to re-entry, and would have a high probability of denial unless the US spouse lived with you in your country during your ban.  Very difficult to prove a valid marriage when you don't live together.

    The US citizen spouse should have applied for a fiance visa and waited for approval before getting married.  Doing things backward will always foul you up.  Now you have to go home and wait.

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