Q: My Colombian wife is visiting on a B1/B2 tourist visa. Will she have to leave to apply and do the fiancee visa process?
A:
In short, her B1/B2 visa was given to her for tourist purposes. In order to get that visa, she had to show that she had non-immigrant intent, which means she did not intend to stay in the United States permanently.
This is important, because if she tried to adjust status while still in the United States on a tourist visa, she would be screened heavily for visa fraud. For some people this is not an issue, because they can prove they came to the U.S. without intentions of getting married and remaining on a permanent basis.
If she is already your wife and you have a marriage license, along with other evidence that the marriage is real, then you could have other options for her to immigrate to the United States. I would contact an attorney to discuss options, because visa fraud in these circumstances can be an issue and you want to proceed carefully.
Denise Anderson and Stephen Arnold Black agree with this answer
A: I agree with Mr. Goff. Its best if you process the application correctly. Your wife should process at the Consulate in Columbia for her marriage green card, rather than attempt to adjust status from a B2 visitor visa to a green card while in the USA. Retain counsel to handle the case from start to finish. Some of us charge very affordable flat fees. Counsel in any state can take the case.
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