Tourist Visa - Is this Situation Visa violation ?

[sam2014]

Hi ,

I am USA permanent resident. Got my Green Card 18 months back. I am planning to marry a girl in India and she is housewife does not do any job. She has a Travel B-2 visa which was approved recently for 6 months. This was not planned. She had plans to visit her brother in USA. and they we met.

Question: If we get married now. I can travel to USA anytime with my Green Card. Can she travel separately with her B-2 visa and stay with me in USA for 6 months ? Is this Visa violation Situation ?
experts please advise.

Thank You
Sam

[peace999]

Hi ,

I am USA permanent resident. Got my Green Card 18 months back. I am planning to marry a girl in India and she is housewife does not do any job. She has a Travel B-2 visa which was approved recently for 6 months. This was not planned. She had plans to visit her brother in USA. and they we met.

Question: If we get married now. I can travel to USA anytime with my Green Card. Can she travel separately with her B-2 visa and stay with me in USA for 6 months ? Is this Visa violation Situation ?
experts please advise.

Thank You
Sam

Once she is admitted as a visitor , she can stay anywhere with anybody. there is no status violation in that. Like if she enters saying she is visiting her bro but
ends up staying some time with you after a visit to her bo, there is nothing wrong with that.

[sam2014]

Thanks for your inputs

First of all thanks for your inputs.

So, with this set up, I understand if we apply for spouse visa while me and her in USA after marriage, that I suppose is a visa violation ? is that correct understanding ?

[peace999]

yes. Because you guys were already married when she entered, it is easy to prove that she had premeditated intent to adjust to green card . And that
she lied to the CBP officer that she was just visiting when she entered.

It is different from people who marry US citizens inside US after entering as visitors. They adjust to green card all the time.