Legal Question in Immigration Law in Nevada

I am a U.S. citizen from Las Vegas, Nevada and am planning to get married to my fiancee from Mexico this year. She is not a resident of the United States and lives in Tijuana, Baja California, Mexico but has a tourist visa (B2 visa), a border crossing card, and an I-94 (multiple entry and valid for 180 days). So she can enter the United States lawfully and visits me frequently.

After our marriage, I would like to live with her in Las Vegas. During the process of obtaining her permanent residency (I-130 and I-485), do I need to apply for a fiancee visa (K-1) to live in the United States? Can she use her current visa and I-94 to live in Las Vegas?

She can lawfully enter the United States with her current visa and I-94. She just cannot work in the United States until she obtains her permanent residency. Is it going to be a problem for her to obtain her permanent residency?


Asked on 2/09/10, 5:34 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

She might be able to either apply for adjustment of status if married in USA and she entered legally without intent to immigrate, or can apply for an immigrant visa if married in Mexico.

As to applying for a Fiancee visa, it's up to you. It depends on circumstances. She can't use her visitor's visa and I-94 to live in USA.

If you wish to schedule a detailed legal consultation, please let me know, and I'd be glad to advise and help you. Please email in advance to schedule the consultation.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a 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.

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Answered on 2/15/10, 7:08 am


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