I am in China now and my wife is Chinese and got a work visa for the US, can we go to the US and then apply for a green card after we arrive?
3 Answers from Attorneys
Which work visa did your wife obtain?
In general, it's possible to apply for an adjustment of status in the United States based on marriage to a US citizen, keeping in mind the points mentioned here:
If you have a dual intent visa such as the H-1B, then the above may not be relevant.
I would need to know what type of "work visa" you are referring to; H-1B?
In short, NO. You/your wife would need a petitioner in order to apply for U.S. permanent residency through employment. Therefore, if your wife is in H-1B status now, she should speak with her employer about petitioning her for a "greencard".
You need to determine if the work visa is a dual intent visa. Because if it is not, then even your posting here online could be grounds for denial of your entry to the USA as a violation of the immigration laws.
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