Should I expect problems re-entering the US if I have not adjusted my status yet? 8 Answers as of January 24, 2011

I have a B1 visa but I also got married to a US Citizen last year and I left the US before my I94 expired. I have not adjusted my status as yet. Should I expect any problems upon re-entry?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It's hard to tell. If the immigration officer inspecting him at the officers finds out he is married to a United States he could give him a hard time if he believes he comes to stay.
Answer Applies to: Florida
Replied: 1/24/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Caution! Your B1 visa is a non-immigrant visa. When you married a US citizen, the law presumes that you want to immigrate to live with your spouse in the USA. Entry on your B1 visa is fraudulent.

Your spouse should file an I-130 for you (application for immigration, family-based). When it is approved, you can re-enter the USA as an immigrant.
Answer Applies to: Washington
Replied: 1/19/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, if you're I-94 has expired; probably not, if it's still valid for entry.
Answer Applies to: Virginia
Replied: 1/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It is very possible you will have problems reentering the U.S. as a B-1. A B-1 must show nonimmigrant intent. The fact that you married a U.S. citizen is indicative of immigrant intent. If you still have strong ties abroad such as a job to return to you may be able to overcome the presumption but it is wise to be prepared to do so.
Answer Applies to: California
Replied: 1/18/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
This depends on the officer. He or she may determine that you need to wait outside the US until you have consular processed for your green card. You are not technically allowed to adjust status as you are out of the US and if you enter with that intention, that is visa fraud.
Answer Applies to: California
Replied: 1/18/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    It is very likely that you could face problems if you attempt to return as a visitor when you are married to a U.S. Citizen. The USCBP may believe that since you are married to a US Citizen you are not intending to visit, but will remain permanently in the U.S. You should be ready to explain why you will not remain in the U.S., and have proof, such as a return ticket, proof of residence and employment outside the U.S. to prove that you will timely depart when your visitor stay is over.
    Answer Applies to: California
    Replied: 1/18/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    The fact that you married a US citizen alone is not a reason to deny you admission on your B visa, provided you do not intend to enter the US in order to adjust your status upon entering.
    Answer Applies to: Florida
    Replied: 1/18/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It depends on whether B1 visa is multi-entry visa. If it is, you may.
    Answer Applies to: Florida
    Replied: 1/18/2011
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