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Can I get married inside USA 1 month before filling my EB2 application ?

Brooklyn, NY |

I am a physical therapist with advance doctor degree , i had an job offer and the agency is going to fill I-140 application in june now i am on b1b2 . I will get married inside usa soon , my spouse is on F1 . my question is , if i got married before filling the application by just 1 month will be considered a fraud and put me in risk of denial .

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Attorney answers 4

Best Answer
Posted

No, it will not be considered fraud if it is not fraud

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

thank you for your concern

Alexander Joseph Segal

Alexander Joseph Segal

Posted

best answer vote would be appreciated

Asker

Posted

sir , from your opinion what is the best solution for my situation of B2 status to EB2 , is it more safer to transfer from F1 to EB2 ?

Posted

The marriage won't be a problem.

But, I'm concerned about you entering on a B (temporary visitor) visa that requires non-immigrant intent.

I am also concerned by your use of the word 'agency' and not 'immigration lawyer.

Meet with a lawyer ... do NOT let non-attorney people in an HR department, or an agency, do these papers.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

thank you for your answer sir , i really have to consider an attorney but let me ask you , ( i have a license to practice , visa screen and doctor degree , are they gonna deny my case even i have all the requirments because of B2 visa status?

F. J. Capriotti III

F. J. Capriotti III

Posted

Quite a bit depends on your 'intent' when you you last entered the US. Franco - 503-803-0055

Posted

Not on that basis.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

thank you for being helpful .

Posted

The timing of your marriage is not concerning. However, the terms of you employment offer give me some concern. First off, you are here on a visitor visa which is not duel intent (this could problematic for the application if not handled carefully). Second, your use of the term "agency" prompts more questions. Visitor status does not allow you to be in the US in search of work. If I were you I would find an immigration attorney who could perform a careful examination of the facts to make sure you are on a good footing for the EB2.

Not to mention, you must go through PERM before submitting your i-140 and this generally takes a while - you need to have valid underlying status while this is going on.

Asker

Posted

thank you for your answer , could you please clarify to me what is meant by "Handled carefully " is there is a chance of denial even i have a us license to practice Physical therapy and advanced degree ?

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott

Posted

There is always a "chance" of denial. In your case because you are here on a visitor visa you have told the US government that you had intent to return to your home country. Strictly speaking visitors are not supposed to pursue permanent status while in the US. This is not ideal from an immigration standpoint and could lead to issues for your green card application. Given you have an advanced degree you should consider investigating the EB2 NIW option (which works well for those with advanced degrees and does *not* require an employer sponsor) instead of an employer sponsored EB2 (which requires PERM before a green card can be submitted). PERM can take several months and must be completed before your green card application can be submitted - your visitor visa is unlikely to be valid for that period of time. It sounds like the company that has hired you already has an immigration attorney for your case - if so you need to get in touch with them directly regarding these concerns. If not, find an immigration attorney asap.

Asker

Posted

Thank you , your help is truly appreciated

F. J. Capriotti III

F. J. Capriotti III

Posted

Ms. Sinnot has given an excellent analysis & response. I completely agree

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