Am confused.

Asked over 2 years ago - Las Vegas, NV

I applied for B1/B2 visa a month before I married agreen card holder who had come back home to visit,the 2nd time in a year.The visa was to enable me come to the US to do medical lincence exams.
What happens to me at point of entry now that I have a non-immigrant visa as opposed to immigrant?
Can I choose to have my own immigration pathway,separate from my wife's?

Attorney answers (4)

  1. Peter Lunt Ashman

    Contributor Level 9

    5

    Lawyers agree

    Answered . I think there is some confusion here. As the spouse of a permanent resident, you are not immediately eligible for permanent residence. There are strict numerical quotas which will cause you to wait at least a couple of years after your husband files for you before you are eligible to get your green card. If your husband is eligible to get his citizenship, you would then be immediately eligible for permanent residence. However, if you are found to have entered with "preconceived intent" (entered as a non-immigrant, with intent to remain permanently), then you could have some problems. If you get in, you would want to talk to an experienced immigration attorney for advice on planning the strategy for your case. Good luck.

  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . I do not understand what you are asking. In order to get the green card, your spouse must petition you and you must wait for your priority date to become current. As an intending immigrant, you could be denied entry to the US on a B-1/B-2 visa.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Luis Alberto Guerra

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You could use your nonimmigrant visa as long as you could prove that you have nonimmigrant intent. Yes, you could choose your own path.
    Luis A. Guerra, Esq.
    Law Office of Luis A. Guerra, PA
    Atrium Centre
    4801 South University Dr., Suite 252
    Fort Lauderdale, FL 33328
    (954)434-5800
    www.guerralegal.com

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more
  4. Robert West

    Contributor Level 20

    2

    Lawyers agree

    Answered . You might get to keep the visa and then again maybe not. You should consult with a lawyer to go over the details.

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