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Immigration Issues/visiting USA on B2 then getting married there or getting married in China first then visit USA on B2


QUESTION: Dear respected lawyer:
I am a USA citizen. My girl friend is in China currently. She hold a valid B2 visa until this August. She visited USA one time last year on this B2 visa. I am going to China to meet her next week. I hope we both come back USA in May. Of course she will enter USA on B2. Before come back USA in May, we can get mairried in China, or we will get married in USA after come back USA. My questions are: 1. Can she adjust her status without out of USA? 2. which is the prefer way, get married in China before back USA or will get married in USA after coming back USA?

Thanks for your help.

ANSWER: Dear Frank:

Since your girlfriend holds a B2 visa, getting married in China and coming to the US would be not a good idea. Because B-2 visa is a tourist/nonimmigrant visa and her coming to the US to settle down will raise questions of her real intent and she may be denied entry into the US.

Getting married in China and bringing her back on a K-3 visa or also has a fiancee visa K-1 would be better options. Please consult with an Immigration Attorney to explain these options in detail.


Ramasamy Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

---------- FOLLOW-UP ----------

QUESTION: Thanks for your reply. K-1 or K-3 is a good option. But it will take a while, at least several months to get it done. We want to get together as soon as possible. If she is not denied entry into US, Can she adjust her status without out of USA?  

Dear Frank: The issue may be raised at the time of the adjustment of status interview. That is after you file your I-485 application to adjust status, the USCIS will call you for an interview before granting the conditional residence card. I would advise against it.

Thank you,

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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