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 )
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.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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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.
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.
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