Entering with B-2 to US, can spouse still apply for AOS?

[itop91]

Hi,

I recently got married in Hong Kong (May 2010) and brought my wife to US last week on her B-2 visa. At the US immigration port, she did not reveal that we were married other than saying she was visiting friends and family and was here for "pleasure only". I'm a US citizen and would like her to get a Green Card. Can I apply for adjustment of status now?

Is below the correct procedure?

File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time.

thanks

[Xkuger]

That is not right... as you have withheld information.

1. You could have filed for a Fiancee Visa before Marriage and got her here.
2. Or applied for a GC after marrying her at the consulate in HK.

There is no more correct procedure, you are already down a wrong, slippery slope, so to go along what you did before you have to Marry her here... in the US, the file GC for her... ( if you want to be legally right, let her go back and do option 1 / 2 -- Choice is how correct/by the book you want to be )


If they know that you were already married, she may have issues related with lying under oath.... as well as Dual intent to immigrate when traveling on a B2 Visa.