QUESTION
Do I have to stay in the United States if you get married for citizenship?
Asked on Jul 19th, 2011 on Immigration - New Jersey
More details to this question:
I am planning on marrying a foreigner next year, and I am currently living out of the US and planning on moving back the states in December. Once we marry in the US, we want to work in Chile as missionaries approximately 3 months after marriage. Is this possible? Or will we need to stay in the United States longer? What sort of permission would he need to be able to come back if he doesn't apply for permanent residency once we are married?
6 ANSWERS
Hello. If your future husband has a tourist visa, you can live in Chile for 3 months and then apply for his residency when you return. There are many options available to you and I suggest you speak to an attorney for more details.
Answered on Aug 02nd, 2011 at 9:40 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello, If you file for your spouse's Adjustment in the US, first he must come with non immigrant intent. Thus, you cannot file his case upon arrival. After you file the case, it will take about 3 or 4 months to get the travel permit. He must stay in the US until he gets this travel permission. Leaving in 3 months is too quick...in my opinion.
Answered on Jul 29th, 2011 at 6:26 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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Nowadays, the process is quick. Most of the times the adjustment of status may be done in 3-5 months. But you will have to be in the US. If you want to be flexible, I suggest that you postpone your marriage after you finish the missionary.
Answered on Jul 28th, 2011 at 2:01 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
at
Hans Burgos, P.A., Immigration Law Offices
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You should not be concerned about filing a Petition for Relative (Form I-130) given that you both are not planning to reside permanently in the United States after your marriage. Consider filing a Form I-130 the moment you both decide to reside permanently in this country.
Answered on Jul 28th, 2011 at 1:42 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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After you marry and file the petition, it should only take 90 days for the travel authorization (advance parole) to be issued to your husband. He needs to have this to travel internationally or his leaving will constitute an abandonment of the petition. There is no visa for the spouse of a US citizen to travel and return, it is the advance parole he needs, please plan accordingly and note that the USCIS does have delays in issuance.
Answered on Jul 28th, 2011 at 1:04 PM
2 Awards
It depends on what type of visa your spouse has. You may have to wait some time after the marriage until she obtains a travel document or permanent residence, and then she should obtain a reentry permit in case your trip lasts longer than expected. You should speak with an immigration lawyer to get better details and make sure you understand.
Answered on Jul 28th, 2011 at 8:43 AM