QUESTION
Can leaving the country affect a person’s petition to become a US citizen?
Asked on Oct 17th, 2011 on Immigration - Texas
More details to this question:
I am a permanent resident and have a fiancée that is here on a work visa. He plans to travel outside the country, but first we plan to get married before he leaves would it affect his coming back into the U.S. if he leaves. Would it be better for me to first become a US citizen and then get married or can I become a US citizen after I am married to petition for his residency. His visa will not expire for another 4 years.
6 ANSWERS
Assault Attorney serving Richardson, TX
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Yes, leaving the country may affect an application for naturalization, in some cases. Additionally, your fiancee's visa is not permission to remain in the U.S., only to travel to the U.S. from abroad and request admission at a port of entry. Your fiancee would have been presented with an I-94 card with a specific validity period. It is a very big problem to remain beyond that validity period for more than 180 days and then depart the U.S., if you want to return to the U.S. without incurring a penalty. Also, it is much quicker to petition a fiancee/spouse if you are a U.S. citizen versus a lawful permanent resident.
Answered on Oct 26th, 2011 at 3:01 PM
Business Law Attorney serving Ketchum, ID
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Adam B. King, Attorney at Law, PC
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In principle it is much easier if you become a citizen first.
Answered on Oct 26th, 2011 at 2:44 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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I would recommend not getting married until after you become a US citizen (and after he enters the US). Then wait a couple of months before getting married. I can prepare the forms, file the paperwork and represent you guys at the interview. Entire process only takes about 3 months.
Answered on Oct 25th, 2011 at 8:24 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If you marry before he leaves it can be a problem for him to return on his work visa unless it allows dual intent. The simplest way to deal with this case is to apply for citizenship and after being granted to then marry. If he is in the US, he can apply for adjustment of status.
Answered on Oct 25th, 2011 at 5:07 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Yes it will matter. If you marry and they leave, they may not allow them to re-enter the country.
Answered on Oct 25th, 2011 at 4:58 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on the nonimmigrant work visa that he is currently using. Some allow for "dual intent", that is the intent to immigrate to the US and still have a "nonimmigrant" visa. If he does not have a dual intent visa, and he is married to a permanent resident or if you have already petitioned for him, then he may have a problem in entry or with extending his NIV.
Answered on Oct 25th, 2011 at 4:57 PM