Is marrying a US Citizen going to change your citizen status?

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Is marrying a US Citizen going to change your citizen status?
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Submitted by LawQA.com on January 6, 2012 - 9:48am

I am a US citizen, and my wife is Mexican citizen, with tourist visa here in the US. We live in Mexico, and I do part time work in US. We have been married for 8 years; she had a tourist visa before we got married. She is not interested in living in the US, and her tourist visa is expired. Can she apply for renewal of her tourist visa, or does she has to change her status, because she is married to US citizen?

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Submitted by Alexander J Segal on January 6, 2012 - 3:35pm

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Your wife can apply for a tourist visa, but it may be denied as she is married to the United States. The U.S. Embassy/Consulate may believe she is an immigrant rather than a non-immigrant as required to obtain a tourist visa. Your wife’s prior compliance with her visa as well as any evidence of her intent to return to Mexico (i.e. real property, family ties, employment, etc.) will also help to rebut the immigrant intent presumption. She may want to consider lawful permanent residence if she is unable to obtain a tourist visa

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