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 13 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 45,377]

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 13,844]

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 45,377]

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 11 hours ago by Crazy Cat

[pushbrk 13,844]

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 11 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 9 hours ago by SalishSea

[Boiler 48,030]

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.

[smilingstone 759]

Then what changed between you filing for your B visa and now? If you were already married, and knew you wanted to move to the US, why didn't you file for spousal in April? Or you had no desire to be in the US until visiting? 

[Crazy Cat 45,377]

3 hours ago, blackviking said:

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

Did the Consulate Officer know you are married to a US citizen?  Did you attend the conference? 

Edited 27 minutes ago by Crazy Cat

[S2N 457]

Even if there was preconceived intent, that’s not a bar to AOS in itself (Matter of Cavazos is still on the books and is binding on USCIS.) It’s not the same as fraud and is adjudicated differently.

 

The question is what was said to the consulate/CBP upon entry, what was recorded in the visa file and admission record, and whether USCIS believes the actions after admission are materially inconsistent with what was told to the consulate and CBP in such a manner that it constitutes misrepresentation. If they do, then they can adjudicate as misrepresentation, which triggers a ban making the analysis for pre-conceived intent moot.

 

They could also just refer the I-485 to an IJ for adjudication because it doesn’t pass the sniff test and that’d add a significant amount of time to the process even if the IJ grants adjustment.

 

The change in administrations is a relevant factor here. Under Biden you likely would have been fine (for the reasons @pushbrk and I mentioned.) Current administration is much more likely to scrutinize all statements for misrepresentation.

Edited 45 minutes ago by S2N

[Crazy Cat 45,377]

7 minutes ago, S2N said:

Even if there was preconceived intent, that’s not a bar to AOS in itself

As you said, misrepresentation is another animal, itself.

Edited 39 minutes ago by Crazy Cat

[Crazy Cat 45,377]

I always find it odd that a person can come to the US prepared for a short visit, yet suddenly decide to give up everything in home country without the possibility of returning to tie up loose ends for up to 9 or 10 months.  Seems it would be really stressful.

Edited 20 minutes ago by Crazy Cat

[S2N 457]

10 minutes ago, Crazy Cat said:

Misrepresentation is a bar.

Correct — I edited after you quoted me. Pre-conceived intent and misrepresentation are different under the regulations. If you get waved through at the airport with no questions (it happens) and adjust, that’s not necessarily misrep. If you tell them you’re only here for a conference and then adjust the next day, that’s a bar for misrep.

It’s why what was said to the CBP officer and the consulate matter. The question of misrepresentation is adjudicated first, then the question of intent.

 

This AAO ruling explains it in a bit more detail. Worth reading for OP because AOS was denied in that case and it shows how broadly USCIS reads the statue on misrepresentation.

 

Edited 34 minutes ago by S2N