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  • B2 visa adjustment of status

    Hello,

    I am a British citizen currently in the US on a B2 tourist visa. My boyfriend has just recently proposed to me and we are planning on getting married soon. My boyfriend currently holds an F1 visa (OPT) and is in the process of getting an employment based green card and is about to file his i140 and i485 concurrently soon. His lawyers have advised that we get married right away so that I can be included in his i140 and i485 as a dependent. However, I have read online that if you get married under 90 days it is automatically assumed that the marriage was pre-planned and that I would risk getting a refused adjustment of status and possibly be banned from the US for visa violation. Therefore, I am worried about getting married so quickly as I've only just entered the US about a week ago.

    Can someone please provide some advice for the best course of action? Should we put his filing on hold and file the i140 and i485 till after we are married in 3 months time? Or should he file his i140 and i485 without including me and then I file a separate i485 after we get married? Please help.

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