Texas  |  Immigration Law

Legal Question

Asked on: 10/16/12, 1:12 am

Have a girlfriend in the Philippines that wants to come to the USA and move to a new career and new life. I know it will be difficult for a work visa so I have been looking at visitation visas and we have decided that if we were to marry, which is possible she could return on a K1 visa after her initial visit.

My questions are as follows:

I was told that if someone is on a visitation visa you can file a I-130 form and petition them to stay in the USA if you get married. Is that true?

Have also been told on a visitation visa if work is offered to then that they can apply for a work visa... Is this true

Also if marriage happens, she is in the annulment process in the Philippines were she was married to a Filipino man 5 years ago, will a marriage in the USA be held up or denied if she is still legally married to someone waiting on the annulment process?


1 Answer

Answered on: 10/16/12, 1:34 am by Michael Cho

You may find information on the first question here:


An adjustment of status (to lawful permanent residence) based on marriage to a US citizen would provide for work authorization (both temporary during processing) and of course, afterwards, with the green card itself.

She will need to complete the annulment before she can legally marry again.

You may contact me here if you'd like more information and assistance on this matter:


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