QUESTION
Should I expect problems re-entering the US if I have not adjusted my status yet?
Asked on Jan 18th, 2011 on Immigration - California
More details to this question:
I have a B1 visa but I also got married to a US Citizen last year and I left the US before my I94 expired. I have not adjusted my status as yet. Should I expect any problems upon re-entry?
4 ANSWERS
It's hard to tell. If the immigration officer inspecting him at the officers finds out he is married to a United States he could give him a hard time if he believes he comes to stay.
Answered on Jan 24th, 2011 at 5:43 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
It is very possible you will have problems reentering the U.S. as a B-1. A B-1 must show nonimmigrant intent. The fact that you married a U.S. citizen is indicative of immigrant intent. If you still have strong ties abroad such as a job to return to you may be able to overcome the presumption but it is wise to be prepared to do so.
Answered on Jan 18th, 2011 at 2:13 PM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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This depends on the officer. He or she may determine that you need to wait outside the US until you have consular processed for your green card. You are not technically allowed to adjust status as you are out of the US and if you enter with that intention, that is visa fraud.
Answered on Jan 18th, 2011 at 1:28 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
It is very likely that you could face problems if you attempt to return as a visitor when you are married to a U.S. Citizen. The USCBP may believe that since you are married to a US Citizen you are not intending to visit, but will remain permanently in the U.S. You should be ready to explain why you will not remain in the U.S., and have proof, such as a return ticket, proof of residence and employment outside the U.S. to prove that you will timely depart when your visitor stay is over.
Answered on Jan 18th, 2011 at 1:13 PM