QUESTION

Can my wife who has B1 visa return to the US since we got married in Houston?

Asked on Jan 15th, 2017 on Immigration - Texas
More details to this question:
I am a US citizen and I married my high school sweetheart who is Colombian. She came to the US as Visitor with a B1 visa. We got married in Houston in Dec 2016. We are about to start the petition and adjustment of status. However, she has to return to Colombia to solve some matters. Would she be able to return to the US and enter with the V1 visa since we got married in Dec 2016 in Houston. Would we need to submit the petition and adjustment of status first?
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1 ANSWER

Your wife cannot enter the U.S. with a B-1 visa if her intent is to seek lawful permanent residence. A B-1 visa requires the holder to intend to return to his/her native country. Entering with a B-1 visa when your intent is not to return is misrepresentation. It can lead to serious repercussions. Your wife will need to proceed through consular processing. You should start the process by filing a Form I-13 on her behalf. You can read more at http://myattorneyusa.com/family-immigration.
Answered on Jan 16th, 2017 at 3:53 AM

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