My wife and I got married in May 2014 in India. She already had a visitor Visa for US prior to our marriage. She is currently visiting the US and was stamped for 4 months. I am a US citizen and she is an Indian citizen who is here in the US for the first time. How should I go about applying for her status change? Thanks
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Adjustment of Status for Visitor married to US citizen
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entering as a visitor and then changing to green card via marriage is technically visa fraud .
People do this all the time but there is a definite risk of green card denial to your spouse. Especially because here the intent is clearly premeditated
( already married when she entered as a visitor).
If she can change to one of the dual intent visas like H-1 or L-1 and then she can safely do the adjustment to green card after some time.
But I doubt she will be able to do that in the 4 months granted to her.
Or do it the proper way, file her I-130 and let her leave the US to get the immigrant visa at home. It will take 9-10 months but it is the correct way to go.
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