Mom on Green Card and Step-dad on Visitor Visa (B2)

[stlouis]

Hello,

My widowed mother who holds a green card, recently got re-married in India. Her husband (my step-father) has a visitor (B2) visa. My step dad has no intention of immigrating permanently to the United States. He is happy visiting us once a year for a few weeks. (My mother spends a longer time in the U.S).

My question is this: Is it possible for a green card holder to marry a non-immigrant and NOT apply for their immigration? Can the arrangement I described above continue indefinitely, or will there be problems at the port of entry when my mother and step dad travel together? Should the green card holder declare their marriage to US immigration?

Thank you.

[jnk]

It's not necessary for your mother to apply green card for your father. He can come to US on visitor visa. But if he visits frequently then immigration officer at the port of entry may raise the question. Yes. They need to declare their marriage to US immigration.

[newacct]

It doesn't really pass the common sense test. A married couple is expected to live together (maybe only be temporarily apart for work when young, but not usually when they are older). A US permanent resident must maintain residence in the US, or they will lose permanent residency. On the other hand, a visitor cannot live in the US. Therefore, they must live in separate places. It doesn't really make sense that a married couple would want to do this permanently.