I have a tourist visa. Can I apply for a Green Card through my US Citizen spouse?

I have a tourist visa. Can I apply for a Green Card through my US Citizen spouse?

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If you currently have a tourist visa (B2 or B1/B2) and would like to apply for a Green Card through your spouse who is a US citizen, the answer is that yes, you can, but there are a few additional things you should be careful about. Keep reading!

A US citizen can petition for his/her spouse and his/her spouse’s children but it is important for you to know that it is considered inappropriate and illegal for a person to enter the United States on a tourist or similar visa if s/he has the intent to apply later for a Green Card. In addition, this can also result in future visas denied to you.

However, if you, a tourist visa holder, do not have the intent to apply for a Green Card when you entered the US and after you arrived in the country you changed your mind, it is considered both appropriate and legal. 

Nonetheless, intent can only be inferred from circumstances and the closer the date of filing for a Green Card is to the date you arrived in the country, the worse it could look for you. The more time elapses between the day of arrival in the country and the application for the Green Card, the better the case is.

It also looks bad if you get married within the first 90 days of entering the US and it will make the United States Citizenship and Immigration Services, USCIS, suspicious about marriage fraud. You will then have to convince the authorities that it was not your intention to get married or adjust your status when you received the tourist visa. 

The Department of State developed a 90-Day Rule that helps consular offices evaluate willful misrepresentation “in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry,” you can read in the USCIS website. This rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the country. 

Some examples of misrepresentation are, according to Clinic Legal:

• Working without authorization;
• Enrolling in school when the academic study is not authorized by one’s nonimmigrant status;
• Marrying a US citizen or lawful permanent resident and taking up residence in the United States when one is in B or F status;
• Undertaking any other activity for which a change of status or adjustment of status would be required, without the benefit of such a change or adjustment.

How do I file for the Green Card and what happens after?

First of all, we recommend you read about the requirements to apply for a Green Card and, if you meet them, fill out the necessary forms and pay the fees. It is also advisable to reach out to an immigration lawyer in San Diego, California who will be able to show you what are the immigration options for you and what the best approach is.

However, if you applied for the Green Card or adjustment of status you will not be able to remain in the country while you wait for a response from the authorities for a period of time longer than the one authorized in your visa. If you overstay your visa it will not only violate US immigration laws but you can be considered as an “unlawful presence” and can be removed or subjected to penalties.

Do you have any questions regarding your visa and immigrating to the United States? Immigration attorneys can help you in many ways so you can achieve your dream of immigrating to the country with your spouse. Contact Kannan Law in San Diego, California for an appointment today!

A US citizen can petition for his/her spouse and his/her spouse’s children but it is important for you to know that it is considered inappropriate and illegal for a person to enter the United States on a tourist or similar visa if s/he has the intent to apply later for a Green Card. In addition, this can also result in future visas denied to you.

However, if you, a tourist visa holder, do not have the intent to apply for a Green Card when you entered the US and after you arrived in the country you changed your mind, it is considered both appropriate and legal. 

Nonetheless, intent can only be inferred from circumstances and the closer the date of filing for a Green Card is to the date you arrived in the country, the worse it could look for you. The more time elapses between the day of arrival in the country and the application for the Green Card, the better the case is.

It also looks bad if you get married within the first 90 days of entering the US and it will make the United States Citizenship and Immigration Services, USCIS, suspicious about marriage fraud. You will then have to convince the authorities that it was not your intention to get married or adjust your status when you received the tourist visa. (Please provide more information about the 90 day rule and a link to possible these following two sites: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 (refer to part that mentions 90 day rule) and https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/uscis-incorporates-state-departments-90-day-rule)

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How do I file for the Green Card and what happens after?

First of all, we recommend you read about the requirements to apply for a Green Card and, if you meet them, fill out the necessary forms and pay the fees. It is also advisable to reach out to an immigration lawyer in San Diego, California who will be able to show you what are the immigration options for you and what the best approach is.

However, if you applied for the Green Card or adjustment of status you will not be able to remain in the country while you wait for a response from the authorities for a period of time longer than the one authorized in your visa. If you overstay your visa it will not only violate US immigration laws but you can be considered as an “unlawful presence” and can be removed or subjected to penalties.

Do you have any questions regarding your visa and immigrating to the United States? Immigration attorneys can help you in many ways so you can achieve your dream of immigrating to the country with your spouse. Contact Kannan Law in San Diego, California for an appointment today!