I enter the US with a visitor's visa and married to a US citizen. We applied for status change from visitor to resident, however, if for any reason the residency is denied, will the visitor's visa be revoked?
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Generally, one's status reverts back to its original legal current visa status, UNLESS, there is a finding or presumption of fraud that results not only in denial of the sought AOS by virtue of a marriage to a USC, but also to cancellation of the initial nonimmigrant visa, as such visas are always discretionary and may be revoked or denied at any time.
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A visitor visa indicaters no intent to migrate. Change from visitor to resident indicates your changed intent. Consult with an attorney.
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it is best to consult with an immigration attorney. As my colleague pointed out there is an intent issue. On a visitor's visa you are only allowed to have the intent to return to your home country. Applying for residency does negate that intent.
I agree with my colleagues.
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