Asked 5 months ago - Virginia Beach, VAFlag
i have 2 questions;
1) after i entered with B1/B2 visa i was travelling around and staying for some days in friends places..and officially i lived with my future husband (now we married..he is USC) in 2 months after my arriving to usa..have to i write in my G325 form those adresses where i stayed before (but it wasnt my official residency) in question about mu reesidency for 5 last years?
2) i already overstayed my visa, case i am married..but after i get green card (i hope) can i travel out without any problems?
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Once you get your green card, you are free to travel internationally.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
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I'll start at the end ... yes, once you get a greencard, you can travel out of the US.
BUT having gotten married with 2 months of entering the US can cause you to experience questions about whether or not this was 'planned' when you entered the US ... especially if you had your birth certificate & other documents with you when you entered as a tourist.
You would be wise to meet with an immigration lawyer.
I would only enter more permanent residences and places where you stayed beyond 30 days on the addresses part of G-325. On the second question yes you can travel outside the US. As Attorney Capriotti pointed out, when entering on a B-1/B-2 non immigrant visa you are telling the USCBP Officers at the border that you are entering as a visitor. You may change your mind after 30 days post entry but the burden still falls on you to show that you initially entered in good faith. After 60 days post entry you may change your status without having to show anything. So, if you got married after 60 days you ought to be ok, BUT if within the 60 days you may have to provide a reasonable explanation of not having any pre-conveived intent of by passing and circumventing the immigration laws and coming in on a visitor's visa and then turning around and getting married to a US citizen and applying for a green card (Adjustment of Status). You do not have a regular case due to these additional issues and you should definitely consider consulting with competent counsel at a minimum BEFORE you file anything with USCIS. Good luck.
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