Adjustment of status

[sherifelgendy87]

Hello,

I'm not an American and I spent the last two years in America on L-1 visa basis and during this period, I got married to an American. However, I didn't apply for a green card at that time and I returned to my home country while my wife is still in USA.

My questions are:
1-If I enter USA on L-1 visa and while I'm there, I quit my job (so the L-1 visa is invalid), can I still apply and file I-130 and I-485 forms? And how long can I stay out of status?
2-If I enter USA on B1/B2 visa basis, will it be illegal or risky to apply for adjustment of status? And how long can I stay in USA while waiting for my approval?

[bateslawfirm]

It's probably easiest to just file for the green card while you are in your home country. This will be processed in a few months and then you can enter the United States with a provisional green card. Remember, L-1 and B-2 are not immigrant visas (you cannot show immigrant intent) and if you enter with those and then adjust status, the USCIS may potentially flag you. Although in the past, people have used B visas to enter the US and then adjust status later. It would be cleaner and easier to file for the marriage visa now rather than adjust status later.