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#61
08-31-2011, 02:03 PM
Senior Member
Joined in Aug 2011
726 posts
elihu
No. You actually have to have a bona fide marriage to a U.S. citizen (who himself or herself has been a citizen for more than five years if he or she attained permanent residency by marriage to a U.S. citizen). Getting engaged to a U.S. citizen entitles an individual outside of the United States to a K visa, but the only people allowed to adjust status outside of 245(i) once they are out of status are immediate relatives.

Along the same lines, this is only true of U.S. citizens. Legal residents cannot confer legal status to future spouses who are currently out of status until the legal resident becomes a U.S. citizen.
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