Legal Question in Immigration Law in Colorado

I have 2 questions:

1) If a person on a tourist visa gets married to the US citizen while in the US, will it make it more complicated to apply for the adjustment of status and get a conditional green card? Is it better to enter on a K-1 fiancee visa?

2) When a person is applying for green card through marriage along with his/her unmarried children under 21, do the children have to be physically present in the United States at the time of the application? If not, do they have to immigrate within, let's say, 6 months after their green card application is approved?


Asked on 11/05/09, 4:40 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

A person who is on a tourist visa can marry and adjust status in USA, assuming that there is no preconceived intent. Of course, legal assistance is preferred when a foreign spouse applies for adjustment of status from a visitor's status, and there are also foreign born children involved, who are either abroad or in USA.

Children under 18 (not 21) will be able to immigrate with their parent. If children are over 18 but under 21, you should talk to an attorney about the best options.

If you�d like to schedule a paid legal telephone consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/10/09, 5:45 pm


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