I’m informed on this topic…

Can you correct the mistake?

If I show up in China (or the USA) on a tourist visa with the plans to pursue a marriage and permanent residency, does that mean I get to backdate my permanent residency to the tourist visa because I’m able to pursue a marriage (PR)?

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tk781 2 hours ago | parent | next [-]

https://www.uscis.gov/sites/default/files/document/foia/Noni...

Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.?

Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.

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afavour 3 hours ago | parent | prev | next [-]

I don’t understand the relevance. No one is using a tourist visa in this scenario and a tourist visa definitely isn’t dual intent in the way an H1B is.

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itake 2 hours ago | parent [-]

The "dual intent" permits seeking permanent residence, while seeking permanent residence on a tourist visa is not allowed, under most conditions.

"dual intent" doesn't backdate permanent residency once you're started to seek.

	▲	yesb 29 minutes ago \| parent [-]
		Not sure what you're trying to say regarding back-dating. I think what you're missing is that long term holders of H1Bs universally have an approved PR or at least a pending one. That's the basis for extending it past the usual temporary limit. They need to stay on the work visa (with its limitations) until the immigrant visa becomes available (different from approval). >seeking permanent residence on a tourist visa is not allowed, under most conditions. In the US, it's allowed under your stated conditions. Immediate relatives of US citizens can generally adjust status to PR from any status (including tourist visa/visa waiver) or no status. Although if your underlying status expires you could be temporarily detained on a discretionary basis. That said, it's better to pursue a K1 if you plan to get married shortly after arriving. It's very unlikely you will be granted a tourist visa if you tell the truth in the interview that you're engaged to someone in the US with immediate plans to marry.

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stanleykm an hour ago | parent | prev [-]

an h1b isnt a tourist visa what is wrong with you people