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Filed: Timeline
Posted

Hi

I'm a Portuguese married for 3 years with a US citizen. He is a resident in Portugal since our marriage.

Now as usually at this time of the year we are going to US to visit the family and he is going for some job interviews.

Is it OK ,if we decide to stay there ,to request the green card while in US?Or will that create a problem for my Visa waiver?

All help will be appreciated.

Thank you very much!

Posted

Why would you need a visa waiver? are you talking about using the VWP?

If you are entered the US legally, you can apply for an AOS - it will be up to you to prove that you had no intent prior to coming (if applicable).

All though, prior intent, in itself, cannot be grounds for a denial. Misrepresentation can be.

Another route you may want to look into is doing a DCF at the embassy where you live, that way, you get a GC upon arrival to the US.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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