Can i enter in US for a visitors visa even i married a US citizen .

Asked almost 2 years ago - Melrose, FL

I enter in US with a visitors visa with my US citizen fiance and we get married and go back overseas because we are both working abroad,so we did not yet file the immigrant visa.My question now is can i enter again in the United state under my visitors visa and later once i am there can i apply for an immigrant visa(green card )

Additional information

Can my husband file a petition to get my green card in a nearest consulate where we are working.

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . You are not supposed to do this. However, there is a ruling that if this is the only negative factor, the USCIS will not deny your application for adjustment of status.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
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    600 Wilshire Blvd., Suite 1550
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    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jeffrey Adam Devore

    Contributor Level 20

    3

    Lawyers agree

    Answered . Doing with with knowledge in advance (i.e. pre-conceived intent), can lead to denial of the application. Consult with an experienced immigration attorney who can review the facts of your case, advise you of the options available and recommend a course of action.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. Peter Hills Acker

    Contributor Level 13

    4

    Lawyers agree

    Answered . Unfortunately, no. In order to obtain a visitor visa you have to prove non-immigrant intent. By marrying a U.S. citizen most consular officers will interpret that strongly as an indication of immigrant intent and thus will deny you a visitor visa. However, as long as you did not overstay your previous visa by more than 180 days, you U.S. citizen spouse can petition for your green card and you can come to the U.S. on a green card.

    No information contained in this message, unless expressly denoted therefor, is intended to establish any attorney... more
  4. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Even if admitted as a visitor, by turning around and applying for adjustment of status soon thereafter? You will be accused of having committed "visa fraud", especially if you try to take any action to change your status during the first 60 days after being admitted, and that includes going for the green card medical exam.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  5. Kevin Lawrence Dixler

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with Mr. Shusterman, but cannot recommend doing this, because she may be found inadmissible and quickly returned to her country from the port of entry/airport. She may be charged with visa fraud, as well, which can complicate her right to ever get a visa.

    This is general information, not legal advice, and does not create an attorney client relationship.

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