You are here:

Immigration Issues/Change of status from B 2 to Permanent Residence

Advertisement


Question
Dear Ajay,

I had come to US on visit visa to see my family here. During my four months stay my family has found a suitable match for me. He is a US citizen currently living in US. We'll be getting married soon. I wanted to go back to Pakistan and come back for the wedding. Kindly advise on the following questions.

1) Is it possible for me to apply for the change of status from visit to permanent residence after I get married in US?

2) Could exiting US for only few weeks and coming back cause trouble at the post of entry?

3) If I come back to US to get married I'll be here in US for only few weeks before my wedding. Does that imply that my intention was not just visit and might give me problems with green card process?

Your advise in this matter is highly appreciated.

Regards,
Sara

Answer
Dear Sara,

It is recommended that you wait at least 60 days after entry to the U.S. to marry a U.S. citizen to avoid "fraudulent entry" issues in the future. If you remain in the U.S. only a few weeks, and then depart the U.S. and enter again shortly thereafter for marriage on a visit visa, there can be a problem in the future regarding your intentions at the time of the second entry to the U.S. If this is still your plan, a fiancee (K1 visa petition) filing is recommended: www.h1b1.com/K1visa.htm but this can be a lengthy process and is certainly not as smooth as being married and sponsored within the U.S.

You should consider marrying during your current visit (after waiting about 60 days after entry) and then you can be sponsored and continue to remain in the U.S. even if your I-94 expires, but if you wish to travel outside the U.S. after marriage you can do so as well once you are issued advance parole document after the sponsorship paperwork is filed. General information is here: www.h1b1.com/Uscitizen.htm and http://www.h1b1.com/parole.htm

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.