Marrying a US citizen while on a B1/B2 visa or visitor visa

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Marrying a US citizen while on a B1/B2 visa or visitor visa

Hypothetical covering a person entering the United States on a visitor visa (B2) and ultimately marrying a US citizen. The issue of intent and preconceived intent to immigration under INA 214B

Preconceived intent in and of itself is not a problem for immediate relative adjustments. Specifically, the adverse factor of preconceived intent is overcome by the “substantial (or significant) equities” present in immediate relative adjustments. This legal authority stems form Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980). “Substantial equities” is further clarified in Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981).

As for the issue of fraudulent misrepresentation, the key concept is that silence, or failure to volunteer information, is not a misrepresentation. This concept is further confirmed by 9 FAM 40.63 and Matter of Tijam.

Documents to file:
I-130 petition,
I-485 petition,
I-765 petition,
I-131 petition

Adjustment of status, Alien Family Petitions, EAD, Advanced Parole are the documents to be filed.

This video is provided for educational purposes only. You should not act or refrain to act solely on the information provided.