If I’m a US citizen and am marrying my fiance in Australia, is it legal for her to get a B-2 visa before we get married and then come visit me on that visa in the US after we are married?

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If I’m a US citizen and am marrying my fiance in Australia, is it legal for her to get a B-2 visa before we get married and then come visit me on that visa in the US after we are married?

While she is here I plan to file an I-130 but she fully intends to go back to Austraila after her vistor pass is up. Is that legal?

Asked on October 26, 2012 under Immigration Law, Utah

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

 

 

Yes, you can process in the US, if you come with the intent of a tourist. If you enter with preconceived intent to file for your green card, you may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion. Feel free to contact me if you have more specific questions. In addition, Australians do not need a B2 visa. They are part of the visa waiver program. Thanks, Harun. Harun@ksvisalaw.com

 


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