Can my wife enter on a visitor’s visa and then remain in the while we apply for a greencard?
In situations where a citizen wishes to marry or has married an individual who has entered the with a visitor’s visa, the couple must be aware of a concept in immigration law regarding nonimmigrant intent. Those who enter as a visitor are understood to hold the intent to return to their home country before the designated period of stay expires. If a visitor takes steps to become a lawful permanent resident, the U.S. Citizenship and Immigration Services (USCIS) may perceive that to be contrary to the intent represented, and may determine that the visitor has violated the terms or his or her stay, and may find that the visitor committed misrepresentation, which is a serious violation of immigration law. Therefore, the K-3 visa is more appropriate for a foreign national who wants to permanently reside in the with her citizen husband.
Related Questions
- Can I enter the United States on my student (F-1) or (M-1) visa, or exchange visitor (J-1) visa before school/ the exchange program begins?
- Can my wife enter on a visitor’s visa and then remain in the while we apply for a greencard?
- Do all non-Canadians require a visa to enter Canada as a visitor or for business purposes?
