Can we apply for the green card while on a visiting visa?

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Can we apply for the green card while on a visiting visa?

We are already married since one year ago. My husband currently has a visitor visa and we would like to move to live in U.S. I am his wife and I am a U.S. citizen. I was born in the united state but I lived most of my life with my parent overseas as I also had my education and professional job. However, I don’t have a U.S. address, neither a U.S. bank account but I have been paying my tax from overseas. I was confused about the rule of U.S. domicile as I am not sure what my status is considered. In addition, what is the best and legal way to apply for green card for my husband? Should we apply from overseas (we are located in Saudi Arabia and there is no USCIS in here) or should we go to U.S. so I would be able to confirm my domicile status by having an address, bank account and a job, etc.

Asked on May 1, 2017 under Immigration Law, Alaska

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you need to be in the US and establish a domicile in the US and then you can petition for your husband.  You can do that while he is still abroad and then he would need to consular process or if you both enter and he enters as a visitor with a visitor's visa, it may still be possible for him to apply for adjustment of status but it is really important to discuss with an attorney before you proceed with that route because it needs to be strategized correctly.


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