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

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.

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Answered on 11/07/13, 5:32 am

Marlene Hemmings Marlene Hemmings, Attorney at Law

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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Answered on 11/07/13, 9:29 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

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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Answered on 11/07/13, 7:39 pm

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