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

Asked over 1 year ago - 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. Alexander Joseph Segal

    Contributor Level 20

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    Answered . 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)... more
  2. Sasha O. Lazarevich-Sinnott

    Contributor Level 12

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    Answered . 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.

  3. F. J. Capriotti III

    Contributor Level 20

    3

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    Answered . 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... more
  4. J Charles Ferrari

    Contributor Level 20

    3

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    Answered . Not on that basis.

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

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