Should I leave after the 6 months entry if I get married in Texas? 2 Answers as of February 01, 2011I am now in Texas, I entered the US during this month to see my girlfriend who is a green card holder, and she is waiting the Oath Ceremony to get the citizenship. I have 6 months entry so my question is if we got married, should I leave after the 6 month entry? If I left can I get back since I have a B2 visa? Or shall I stay here waiting my new status?
Pacifica Legal Services | Floyd Fernandez
You run the risk of being held to be here for fraudulent reasons in coming with a B2 tourist visa when you intended to get married to get a green card. However, if you can bring up legitimate proof that it was not your intention when you came here, and that you married for love, you would have a better chance of getting to adjust status than if you left and sought the K-3 visa. However, if you stayed engaged, not married, you could get a K-1 fiancee visa within 1-3 months while in Mexico, and you could then return, get married within 90 days, and then apply for adjustment of status (green card) without violating the terms of your original B-2 visa. If you want to know more, call or e-mail me.
Answer Applies to: California