Legal Question in Immigration Law in South Carolina

My wife and I got married in Ecuador. I have dual citizenship (Ecuadorian and American). She has a tourist visa and has being coming in an out of the United States for the past couple of years. We decided before getting marry to utilize her tourist visa to legally come into the United States and settle down here.

Should we immediately start the application process for her green card or should we wait. (As of today She has been a few weeks in the United States).

What are other elements we should consider


Asked on 8/20/16, 11:18 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

A person married to a U.S. citizen is not supposed to enter on a B-2 visa. However, if she is already here, she faces an "immigrant intent" issue. She must wait at least 60 days before she applies for her "greencard". You may want to discuss the case with an immigration attorney before you file. Good luck.

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Answered on 8/22/16, 11:55 am


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