What is the best process for me?

[blackviking 0]

I am Ghanaian and I have dated a US citizen long distance for 5 years although we had a break in between. We reconnected in 2024 and got married in April 2025 when she visited me in Ghana. I got the chance to visit her in the United States this September 2025 and we plan on staying together here. I am still in the United States on a valid non-immigrant visa and I want to know the best way to go about the immigration process and what I need to do to obtain my green card?

Edited 10 hours ago by blackviking

[SandP_USA_CR1 21]

You are in a very delicate position having married on a B1/B2 visa and then wanting to apply for a green card. Although you have have a long term relationship, by marrying while on a tourist visa and then seeking an adjustment of status, USCIS may view you as displaying immigrant intent in violation of your visa. This could be a problem for you. I would recommend seeking legal advice before filing for an adjustment of status.

[Crazy Cat 45,373]

1 hour ago, blackviking said:

I am Ghanaian and I have dated a US citizen long distance for 5 years although we had a break in between. We reconnected in 2024 and got married in April 2025 when she visited me in Ghana. I got the chance to visit her in the United States this September 2025 and we plan on staying together here. I am still in the United States on a valid non-immigrant visa and I want to know the best way to go about the immigration process and what I need to do to obtain my green card?

Be aware that a person cannot enter the US as a visitor with the intent to stay and adjust status.  That is visa fraud.

[pushbrk 13,843]

15 minutes ago, Crazy Cat said:

Be aware that a person cannot enter the US as a visitor with the intent to stay and adjust status.  That is visa fraud.

While that is true, the OP has not stated staying was his intention when he entered.  A change of intention after entry is not visa fraud.  Intent on entry is the key either way.  If he changed his mind after entry, adjusting status is an option, but a person from Ghana who was able to obtain a visitor visa for the USA, presumably had strong ties, likely including a well paying job.  

 

The problems associated with adjusting status are that if he leaves before obtaining advance parole, he won't get back in, and second, it will take that same six or more months before obtaining authorization to work in the USA.  All that time without a job, and/or the ability to travel internationally, often become deal killers.

[Crazy Cat 45,373]

9 minutes ago, pushbrk said:

If he changed his mind after entry, adjusting status is an option

Correct.  But the OP never said that the situation changed.  He said he entered as a visitor and he wants to stay.   It is an open question as to whether this was his intent.  The OP, now, has the opportunity to clarify.

Edited 8 hours ago by Crazy Cat

[pushbrk 13,843]

Here's an explanation from Quora by a former Consular Officer.

 

Gaku Sato

 ·

 

Formalist.Jun 10

If I am married to a US citizen, then while visiting my husband I decide to stay in the US, can I change my status?

The US is legally mysterious because the basis of admission is intent. If you enter on a nonimmigrant visa, you must have nonimmigrant intent.

So what happens if enter, then file to adjust (not change) status? (In US lingo, you change between nonimmigrant statuses, but you adjust from nonimmigrant to immigrant.)

USCIS used to have a day rule. If you filed before 30, later 60, then 90 days, then they presumed you had entered with preconceived intent. That means they legally presume you entered on a nonimmigrant visa with immigrant intent, which means your admission was invalid, which means you don't have a status, which means you can't adjust status (because you need to adjust from a status to a status).

Despite belief that terrible things will happen to you, they mostly just tell you to go back home and apply consularly.

You could rebut the presumption by showing this was a happenstance change of intent, meaning you entered legitimately intending to visit, but then something happened and you changed your mind. That usually means showing that you still have your apartment and job and accounts and pets abroad, that you left your home country intending to return. This is an administrative process, not a criminal trial, so the burden of proof is on you.

Now a couple of things. First, they used to have a day rule, but what happened was everyone filed day 31, then 61, then 91, to get around the automatic presumption. So USCIS dropped the rule and now says the presumption can be applied at any time.

Second, USCIS is not consistent in application of this presumption, so one person may adjust with no problem but another might be told to go home. I'm guessing with the current administration, the chance of having to leave the country is greater, simply because it's the more hostile action.

Finally, the consulate still uses a 90-day rule. Then the result is: because of preconceived intent, you were out of status; because you were out of status, your visa was voided; if you filed to adjust status before 90 days, then you will have demonstrated immigrant intent; so even if you decide not to pursue immigration, you will likely be refused any nonimmigrant visa for a long time.

So if you go that route, people still recommend waiting 90 days from entry.

 

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Edited 7 hours ago by pushbrk

[SalishSea 18,552]

3 hours ago, blackviking said:

I am Ghanaian and I have dated a US citizen long distance for 5 years although we had a break in between. We reconnected in 2024 and got married in April 2025 when she visited me in Ghana. I got the chance to visit her in the United States this September 2025 and we plan on staying together here. I am still in the United States on a valid non-immigrant visa and I want to know the best way to go about the immigration process and what I need to do to obtain my green card?

So you came on a B visa just this month and have already decided "just kidding" about what you told the consular officer about your tourism intentions?

 

Edited 6 hours ago by SalishSea

[Boiler 48,029]

There is a new sheriff in town, I guess the forst question is do you feel lucky?

 

The second is when did you obtain your B.

 

The third is what did you say was the prpose of your visit.

[blackviking 0]

We are already married before I entered the US. I obtained my Visa in August. My purpose here was to attend a conference.