I Will Enter the U.S. Lawfully, Then Work on Getting Citizenship There
If you are not physically present in the US, you can try to enter lawfully, then proceed with adjustment of status. Some options:
A. K Visa: These visas are designed for precisely this purpose. They allow a spouse of a US citizen to enter the country so the couple can proceed with adjustment of status.
You file an I-130 with supporting evidence with USCIS, followed by a DS-260 with supporting evidence with the National Visa Center, followed by the visa interview at the consulate in the country where you reside. The K visa can also be used by a fiance to enter the US and marry the US citizen fiance. The marriage must occur within 90 days of entry.
B. B-1/B-2 Visa or Visa Waiver: You can attempt to enter on a tourist visa (B-1/B-2) or without a visa if you reside in a visa waiver country. The tourist visa and visa waiver are not for people who intend to stay in the US and adjust status. Therefore you may be denied entry if the immigration officer sees you are married to a US citizen or that you intend to marry a US citizen. In addition, there is a possibility, though unlikely, that USCIS may deny an adjustment if it is believed that the entry was based on false pretenses. In any event, you do not want to lie to an immigration officer because this could cause major immigration problems for you in the future. Nevertheless, this path is often used successfully.
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