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Immigration Q&A - August 29, 2010
Visa Waiver Entry and Application for Marriage Green Card
My fiance wants me to come to the US using the visa waiver and then get my green card. I read online that I can’t do this but I wanted to ask you to make sure.
There is no simple answer to this question. Sometimes it is ok and other times it isn’t. The definite answer is that a visa waiver entry is an entry for nonimmigrant purposes. You must be able to honesty tell the immigration officer at the port of entry that you intend to enter the US temporarily. While, in some cases, you are able to apply for a green card, you must be able to address your initial entry and explain how your temporary entry turned into a permanent stay. Failure to properly address this will lead to removal from the US and a potential bar to reentry.
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