Milwaukee, WI asked in Immigration Law for Wisconsin

Q: I am in USA on business visa B1 from last 1 month. Can I marry a USA citizen and apply for status adjustment.

Can I marry him in USA and apply for conditional GC or should I go back and apply from my home country. I had my h1b visa stamped earlier.(2008 to 2011), but I never used it. Its not that I am getting married immediately but can I get married within in my 6 months of stay.

If that is possible I can contact an immigration lawyer and proceed further.

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2 Lawyer Answers
Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
Answered
  • Immigration Law Lawyer
  • San Diego, CA

A: Marrying so quickly, and applying for the Green Card, can be considered visa fraud. USCIS looks at whether it was your intention to be an immigrant on a non-immigrant visa and then acts accordingly. That said, it is possible to do it given the right conditions, though the safe way is to return home after getting married. You should contact an experienced immigration attorney to discuss your options.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Provided you meet all requirements you can marry and adjust status from inside the USA. To know whether you meet all requirements requires more information. I suggest you and your boyfriend consult with an experienced immigration attorney.

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