![]() Eventually the foreign spouse can apply for U.S. If the foreigner enters the United States on either a K1 fiance visa or CR marriage visa , the foreigner is welcome to remain in the U.S. Be careful when considering how to properly cross into the US and proceed with immigration filings or there will likely be problems. This problem is avoided if the foreigner has a marriage visa rather than a visitor or some other visa. citizen often runs into problems at the US border check. You always want to disclose the truth to a CBP officer, so a foreigner who is married to a U.S. ![]() The fact of the marriage is enough to raise suspicion and block entry. when they suspect a foreigner may want to remain past the authorized stay as a visitor. and then depart as a visitor on time.Ī problem occurs at the CBP port inspection because CBP officers are trained to block entry to the U.S. The married foreigner must plan to visit the U.S. citizen or permanent resident green card holder. The same is true for a foreigner coming to the U.S. For example, two Italians can marry on a weekend in Las Vegas and return to Italy. because marriage is according to State Law, not U.S. The US allows marriage with a foreigner already in the U.S. Note: It is not necessary to have any immigration status in the U.S. The attorney can help determine chances of success for remaining in the U.S. So, the first step for the attorney is to check the type of visa and manner of entry for those already in the U.S. The vast majority of visas require singleness of intent. A rare exception would be the H1-B and L1 work visas because those visas have dual intent. on a visitor visa with the unannounced secret intent to marry a U.S. For example, a foreigner should not come to the U.S. with one type of visa while having ulterior motives to marry and immigrate based on that marriage. and the intentions of the foreigner when entering. For all others, it depends on the most recent entry to the U.S. The fiancé visa is the visa for those foreigners who want to marry in the U.S. The main question is whether the foreigner intends to abide by the terms of the visa they hold. citizen or green card holder? Entering to Marry in the U.S. When can a foreigner avoid the fiancé visa and still pursue a green card based on marriage to a U.S. citizen and correctly proceed with green card processing. they can use the 90 day visa waiver program (ESTA). Many don’t even need a visitor visa to visit the U.S. Still others are on visitor visas for short stays. Some are on student visas going to school for years. VAWA: Immigration based on Parent Abuseįoreigners are already in the U.S.VAWA: Immigration based on Spousal Abuse.DACA – Deferred Action for Childhood Arrivals.US Military Marrying a Foreign National.Effects of Criminal Offenses on Visa Application.Limitations on Filing Affirmative Asylum.What to Expect After you File your Asylum Application.How To Maintain Primary Residence Status.2 Year Conditional Green Card Status Removal.Adjusting K1 Visa Status to Permanent Resident.My Spouse Is Already in the US, What Now?.My Fiancé Is Already in the US, What Now?.
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