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I am coming back to the US in two months to take a medical profession exam. I have b1/b2 visa and applying for GC ..

Miami, FL |

I got married in the US to american citizen before i leave and have been living in Egypt the last 19 months.. Can i apply for the green card when I come back ??? do I have to enter the US with different visa this time (k visa) or with my regular b1/b2.. my priority is my exam however I want to finish this green card thing before my visa expire plus I don't want too many delay in Egypt due to the chaos.. I will need a lawyer in Miami but I need to get back first in the right way...many thanks

Attorney Answers 3


You can only use the B1-B2 visa to enter the US if you can prove nonimmigrant intent at the time of admission. You will have to show that you are coming to the US to take the test and return back to Egypt. You cannot use a B1-B2 visa to enter the US with the preconceived intent stay. You may come with a K-3 visa if you wish to remain in the US and if your wife has already filed the immediate relative petition on your behalf. Consult with an ecperienced immigration attorney.

Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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You cannot enter with a B-1/B-2 visa if you are married to a U.S. citizen
and intending to immigrate. If you attempt to enter on your B-1/B-2 and CBP
(Customs & Border Protection) believes that you are planning on remaining in
the United States, whey will deny you admission or request that you withdraw
it. Your options at this point are CR1 and K3.

I would strongly suggest that you use an immigration lawyer with whom you
are comfortable working. You are not limited to one in Florida. Immigration
law is federal. Find a professional who you like and trust.

If you appreciate the time spent preparing this answer, kindly consider
marking it BEST ANSWER or HELPFUL. Good luck to you.


Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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I agree with my colleagues.

Law Offices of J Thomas Smith, J.D., Ph.D.
11500 Northwest Freeway, Suite 280
Houston, TX 77092

713-LAWYER-2 (713-529-9372)

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