Even if admitted as a visitor, by turning around and applying for adjustment of status soon thereafter? You will be accused of having committed "visa fraud", especially if you try to take any action to change your status during the first 60 days after being admitted, and that includes going for the green card medical exam.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Unfortunately, no. In order to obtain a visitor visa you have to prove non-immigrant intent. By marrying a U.S. citizen most consular officers will interpret that strongly as an indication of immigrant intent and thus will deny you a visitor visa. However, as long as you did not overstay your previous visa by more than 180 days, you U.S. citizen spouse can petition for your green card and you can come to the U.S. on a green card.
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You are not supposed to do this. However, there is a ruling that if this is the only negative factor, the USCIS will not deny your application for adjustment of status.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(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.
Doing with with knowledge in advance (i.e. pre-conceived intent), can lead to denial of the application. Consult with an experienced immigration attorney who can review the facts of your case, advise you of the options available and recommend a course of action.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
I agree with Mr. Shusterman, but cannot recommend doing this, because she may be found inadmissible and quickly returned to her country from the port of entry/airport. She may be charged with visa fraud, as well, which can complicate her right to ever get a visa.
This is general information, not legal advice, and does not create an attorney client relationship.