Can my spouse come into the U.S. with a tourist visa and remain while applying for a permanent resident?
In cases where a citizen has married or desires to marry a person who has come into the U.S. on a tourist visa, the couple must be cognizant of the fact of immigration law and nonimmigrant intent. If a visitor engages in the process to become a permanent U.S resident, the USCIS may look at this as falsifying the intent, and may deem the visitor has violated the terms or his or her entry by intentional misrepresentation, which is a major violation of immigration law. So, the K-3 visa should be utilized for a foreign person who desires to reside permanently in the U.S. with his or her American spouse.
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