Should I apply to a marriage visa or should I enter with my tourist’s visa and apply for the green card in the US?

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Should I apply to a marriage visa or should I enter with my tourist’s visa and apply for the green card in the US?

I am a Dominican Republic Citizen who lived in the US while pursuing a MA with a J1 visa. During my stay I got married with an American citizen. I left the US because I am subject to the two years home presence requirement. Right now I am trying to get a non-objection waiver from my country. I have a tourist visa (since I was 7 years old). If the waiver is approved, I wonder if I can enter with my tourist visa (which have multiple entries) and then apply to the green card or if it is better to apply for a marriage visa. Which option is better? Which one is faster?

Asked on January 4, 2012 under Immigration Law, Michigan

Answers:

Gene Meltser, Esq. / BIRG & MELTSER

Answered 9 years ago | Contributor

File the Alien Relative Petition as soon as you can - no need to wait for the waiver. It takes time to go through the CIS and NVC, so by the time your petition gets to the consulate your waiver might be done already


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