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Procedure for changing Single status to Married status, even though my spouse is in the US on a visit visa (B2).

Porter, TX |

I am a Resident Alien (Permanent Resident Card) and will apply for my citizenship in 2014 when i have spent 5 years in the US.
I got married outside the US, and we applied for my spouses' visit visa, which miraculously went through and she got a 5 year multiple entry visa.
Now my question is, where do I find the relevant information on changing my marital status from Single to Married, even though she doesn't have a state ID or a SSN. She only has a TIN which I obtained for mortgage purposes.
ALSO, IS THERE AN ALTERNATE TO THE 6-MONTH EXIT LAW FOR VISITORS. MY SPOUSE HAS TO MAKE AN EXIT OF THE US EVERY 6 MONTHS. IS THERE A STATUS CHANGE I CAN APPLY FOR HER?

Attorney Answers 4


  1. What you are doing is exposing your spouse to great risk, since she is not really visiting the U.S. but living with you. Talk with an experienced immigration attorney.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. I agree with Mr. Shusterman. You're playing with fire. A lot of people play this game and win, but many get in trouble. If your intention is to have your spouse come in and out of the us every 6 months then it's a virtual guarantee that she either will be denied entry and/or found to have immigrant intent and removed at the point if entry. She can file for a b visa extension, but that won't be easy and she can get up to 6 months only. She can try to change status to a student or work visa, but that too presents its own challenges.

    Meet with an attorney in private to discuss your options.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  3. You may have already created an issue when she placed her name on the mortgage application. It is unclear whether she falsely claimed that she was a U. S. Citizen or lawful permanent resident for Fannie Mae purposes. You may want to have a competent and experienced immigration review those documents. Perhaps, her only option may be to seek cancellation of removal in the future, rather than adjustment when you become a U.S. Citizen.

    Her entry and exit from the U. S. is unwise, since it will appear that she is circumventing the immigrant visa process by abusing her B-2 visitor visa. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.


  4. Look I'm not going to pile on the previous cogent comments made by my colleagues but its safer for your spouse to stop travelling in and out of the US with her B-2 and potentially run into trouble at anytime. She can apply for an extension one time typically for an extension of her I-94 for 6 months. Ideally she should switch to her own longer term more stable/permanent status like an F-1 visa and attend classes while waiting for your naturalization oath when you can than sponsor her for her green card here in the US whether she still is here legally and remain in status or whether she has overstayed her I-94 6 months stay as long as she legally entered the country and she is married to a US citizen and she's designated as an (*immediate relative"). Your best bet is to consult competent immigration counsel to assess her independent options and explore avenues for her own independent immigrant status besides the B-2 visa while awaiting your naturalization. You can email or call us if you like, regards.

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