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Can I get married inside USA 1 month before filling my EB2 application ?

Brooklyn, NY |

I am a physical therapist with advance doctor degree , i had an job offer and the agency is going to fill I-140 application in june now i am on b1b2 . I will get married inside usa soon , my spouse is on F1 . my question is , if i got married before filling the application by just 1 month will be considered a fraud and put me in risk of denial .

Attorney Answers 4


  1. Best answer

    No, it will not be considered fraud if it is not fraud

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. The marriage won't be a problem.

    But, I'm concerned about you entering on a B (temporary visitor) visa that requires non-immigrant intent.

    I am also concerned by your use of the word 'agency' and not 'immigration lawyer.

    Meet with a lawyer ... do NOT let non-attorney people in an HR department, or an agency, do these papers.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. Not on that basis.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. The timing of your marriage is not concerning. However, the terms of you employment offer give me some concern. First off, you are here on a visitor visa which is not duel intent (this could problematic for the application if not handled carefully). Second, your use of the term "agency" prompts more questions. Visitor status does not allow you to be in the US in search of work. If I were you I would find an immigration attorney who could perform a careful examination of the facts to make sure you are on a good footing for the EB2.

    Not to mention, you must go through PERM before submitting your i-140 and this generally takes a while - you need to have valid underlying status while this is going on.

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