QUESTION
What is the best way to file for a I-130 adjustment?
Asked on Jul 21st, 2011 on Immigration - Florida
More details to this question:
I am a U.S citizen and currently I am planning to get married to someone who is not a U.S citizen. The person has a tourist visa already to U.S. My question is if I get married overseas, would I be able to bring my future spouse to U.S based on her tourist visa then apply for her i-130 to adjust her status. Are there any risks of doing this step. Or what is a better way to do it?
5 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
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Hello, In theory, yes you can do this. If your fiance enters without any issues at the border, you can file for their green card here. However, they are entering the US with immigrant intent...i.e., they should have an immigrant visa since there is presumption they want to stay here, because they are married to a US citizen. You can file the for their Fiance visa now if you wish. This can take 6 to 8 months to process. There are risks of entering with the intent to stay permanently, but it can be done.
Answered on Aug 03rd, 2011 at 6:13 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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The B-2 visitor visa is for a temporary visit, not to enter the US to marry a US citizen and apply for permanent residence. The correct visa is the K-1 if you are engaged and if you are married, the K-3 visa. If she enters the US on the B-2, when you apply for permanent residence, the case could be denied citing visa fraud for using the incorrect visa to enter the US. Thank you.
Answered on Aug 03rd, 2011 at 6:06 AM
You should talk to an experience immigration attorney before getting married.
Answered on Aug 03rd, 2011 at 5:46 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
at
Hans Burgos, P.A., Immigration Law Offices
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The risk is that she may be denied admission for her not being a bonafide no-immigrant. She should consider applying for a K-3 visa. However, in the event that she is admitted as a tourist, she would still be able to adjust her status in this country.
Answered on Aug 03rd, 2011 at 5:05 AM
Hello. It is faster for you to bring your wife on a tourist visa and then file for adjustment. You have many options here and I recommend that you speak to an attorney.
Answered on Aug 03rd, 2011 at 5:03 AM