I’m from Albania and currently living in Arkansas with my spouse, who is a U.S. permanent resident. We got married about a year ago back home, and I joined him here a few months later on a visiting visa. We’ve been talking about applying for my green card, but I’ve read that applying for adjustment of status while on a visitor visa can be tricky and sometimes even risky. I want to do everything correctly and avoid anything that could look like visa fraud. What’s the safest and most legitimate way for me to start the process of becoming a permanent resident while I’m still here in Arkansas?

Question

Jibril Elmi · Accepted Answer

You can apply for adjustment of status only if your spouse becomes a U.S. citizen or a visa number becomes available for your category.

Saowalak Suwannarat · Answer

Since your spouse is a permanent resident, you can file Form I-130 first to establish your relationship. However, you can’t file the I-485 (adjustment of status) until a visa number becomes available under the family preference category. If your visitor visa expires before that, you’ll need to depart and complete consular processing from Albania. Staying past your authorized period could cause serious immigration issues.

Marzanna Kowalska · Answer

Another safe route is to wait until your spouse naturalizes as a U.S. citizen. Once that happens, you’ll become an immediate relative, making you eligible to adjust status in the U.S. even if your visitor visa has expired. Meanwhile, keep all your immigration documents updated, avoid overstaying, and seek legal advice before submitting any forms. This ensures your case stays strong and error-free.

Isidora Shehu

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