Legal Question in Immigration Law in Maryland

Re: US citizen- Filing for Spouse

Technically, no, he should not enter on a tourist visa and then adjust status (i.e., get a green card) while here. That's not to say it might not work but it's not the right way to do it. A tourist visa (B-2) is a nonimmigrant visa, meaning the person intends to return home. If it can be shown the nonimmigrant actually had immigrant intent at the time of arrival, it could cause problems down the road.

There are two choices for how to proceed -- (1) "consular processing", in which you file a petition for your husband and his visa application is processed by the local consulate; or (2) file for a K-3 visa which permits your husband to enter the US and file for adjustment here.

So in option number 1, your husband enters the US as a permanent resident, but in 2 he enters under a temporary status and gets a green card later.