What is the best way to file for a I-130 adjustment? 7 Answers as of August 03, 2011

I am a U.S citizen and currently I am planning to get married to someone who is not a U.S citizen. The person has a tourist visa already to U.S. My question is if I get married overseas, would I be able to bring my future spouse to U.S based on her tourist visa then apply for her i-130 to adjust her status. Are there any risks of doing this step. Or what is a better way to do it?

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The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
As long as your fiance's entry is legal, you should be able to do it without any problem, it doesn't matter what kind of visa she holds when she enters the country. Although I highly recommend getting married in the US, or at least file the application before her permitted stay expires.
Answer Applies to: Florida
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello, In theory, yes you can do this. If your fiance enters without any issues at the border, you can file for their green card here. However, they are entering the US with immigrant intent...i.e., they should have an immigrant visa since there is presumption they want to stay here, because they are married to a US citizen. You can file the for their Fiance visa now if you wish. This can take 6 to 8 months to process. There are risks of entering with the intent to stay permanently, but it can be done.
Answer Applies to: California
Replied: 8/3/2011
Fong & Associates
Fong & Associates | William D. Fong
The B-2 visitor visa is for a temporary visit, not to enter the US to marry a US citizen and apply for permanent residence. The correct visa is the K-1 if you are engaged and if you are married, the K-3 visa. If she enters the US on the B-2, when you apply for permanent residence, the case could be denied citing visa fraud for using the incorrect visa to enter the US. Thank you.
Answer Applies to: Texas
Replied: 8/3/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You should talk to an experience immigration attorney before getting married.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Felipe A. Malo, P.A.
Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
Best way/quickest way is to come in as a tourist get married here wait 45 days from entry into USA and file i130 and I485 here in USA
Answer Applies to: Florida
Replied: 8/3/2011
    Hans Burgos, P.A., Immigration Law Offices
    Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
    The risk is that she may be denied admission for her not being a bonafide no-immigrant. She should consider applying for a K-3 visa. However, in the event that she is admitted as a tourist, she would still be able to adjust her status in this country.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Law Firm of Caroline Dreyfus PA
    Law Firm of Caroline Dreyfus PA | Caroline D J Dreyfus
    Hello. It is faster for you to bring your wife on a tourist visa and then file for adjustment. You have many options here and I recommend that you speak to an attorney.
    Answer Applies to: Florida
    Replied: 8/3/2011
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