Re- entered US with valid BCC B1/B2 visa AFTER having gotten married to US Citizen. I-94 expired, about to file for adjustment.

Asked over 1 year ago - Los Angeles, CA

I met my husband while he was doing business in Mexico. I came to visit him using a BBC B1/B2 visa (10 years) several times after we met, one of those times, we decided to get married and did so. Soon after, I went back to Mexico to visit my family and came back into the US using my B1/B2 visa as usual - I was NOT aware that doing so may constitute fraud!!? I simply followed the same procedure to enter the country as I had been doing since I can remember! No intention to "fool" the INS.. simply didn't know better! Our intention was to adjust status once I came back from my trip. Now we are prepping to file I-485 & I-130 but we are being told that INS could deny our case or complicate it due to my re-entry into the US with a B1/B2 visa AFTER I was already married! Help!

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . Not a good idea. Consulate process for CR1

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . As an immediate relative you will be fine to file to adjust from inside the country. You do however have special circumstantances and I strongly suggest you work with an experienced immigration attorney who knows the law regarding dual intent and its application to immediate relatives.

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . As you can see ... there is no one, simple, answer to your question.

    Technically you 'should' be able to adjust. But, you are correct in being concerned about the most-recent entry having been an unintentional 'misrepresentation' as to your 'intent/purpose' for that particular trip.

    Con't file papers w/o the assistance of an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

Related Topics

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

B1 business visa

B-1 visas are available for foreign workers who need to visit the US temporarily for business purposes.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,490 answers this week

3,054 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,490 answers this week

3,054 attorneys answering