Jackson, WY asked in Immigration Law for Wyoming

Q: Look below for entire question.

My Girlfriend from Mexico whom I met while doing volunteer work in Ecuador came to visit me, after I returned to the United States, entering the country with a valid travel visa. After 2 months, I decided we could not live without each other and we got married.

If she travels back to Mexico to arrange her affairs, will she be able to re-enter the U.S. as she is married to a U.S citizen? Should I go with her? Would that improve her chances of being allowed re-entry? The 6 month stay limit on her travel visa is less than a month away.

Please advise.

Thank you for your prompt response.

R Wayne Wood

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1 Lawyer Answer

Kyndra Mulder

Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: In general, A person will be admitted into the USA if they have a valid visa and go through inspection. Admission may be denied if the visa is expired or the person has overstayed their visa. Also, BP had discretion to cancel a visa if they suspect immigration intent.

Just being married to a USC is not sufficient. The proper petition and application must be filed with the USCIS in order for a spouse to adjust,

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