Legal Question in Immigration Law in Texas

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?

Asked on 11/07/13, 5:24 am

3 Answers from Attorneys

Michael Cho Law Offices of Michael Cho
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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:

http://www.msclaw.com/adjustment-of-status-30-60-90-day-rule

If you have a dual intent visa such as the H-1B, then the above may not be relevant.

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11/07/13, 5:32 am
Marlene Hemmings Marlene Hemmings, Attorney at Law
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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".

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11/07/13, 9:29 am
Rahul Manchanda, Esq. Manchanda Law Offices & Associates PLLC
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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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11/07/13, 7:39 pm

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