QUESTION
Can we apply to adjust my visa status to legal resident while we are visiting her uncles in the US?
Asked on Jul 17th, 2017 on Immigration - Georgia
More details to this question:
I live in UAE. I have B2/B1 visa and I went to the US couple of times before as visitor. My wife is American and we are married for two years. I got married outside the US in Dubai city before two years. Would they consider our marriage when I adjust my status or should we get married again in the US?
1 ANSWER
The USCIS generally considers a marriage to be valid for immigration legal purposes if it was legally valid where it took place. Note, however, that people are prohibited from entering the U.S. with a B1/B2 visitor's visa while intending to apply to adjust status to become a Permanent Resident. That is because a entry with a B1/B2 visa requires "nonimmigrant intent." Misusing a visitor's visa can have very harsh immigration-related consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Sep 30th, 2017 at 5:30 AM