QUESTION
Does my fiance have to leave the country and go back home after we are married?
Asked on Jul 07th, 2011 on Immigration - Texas
More details to this question:
My fiance is in the US on a tourist visa and we have been together 3 years and decided to get married before his visa expires. Does he have to leave and go back home after we are married, even if he gets a work visa after his tourist visa is expired?
6 ANSWERS
William C. Gosnell
After marriage file an I-130 for a spouse visa.
Answered on Jul 04th, 2013 at 1:47 AM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
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To make a long story short, if you marry and file for a green card your spouse will not have to leave.
Answered on Jul 04th, 2013 at 12:30 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
The law permits adjustment if status in the U.S. if a foreign international entered with a valid visa. However, you should speak to Counsel with respect to the timing of the entry and marriage to ascertain if any issues exit.
Answered on Jul 14th, 2011 at 12:09 PM
Assuming you are a US citizen and he came in with a B-2 visa, you have the option of filing spouse based permanent resident for her. If you file the application before her I-94 expiration date, then he does not need to leave during the case pending period. On the other hand, if you get married and file the application too early, there is a risk that his tourist entry may be treated as a misrepresentation or fraud. File the case at the right time is very important for this type of case.
Answered on Jul 07th, 2011 at 2:40 PM
2 Awards
If he is here on a valid tourist visa and you are a U.S. citizen, he does not have to go home at any point. In fact, he should not leave after your marriage until he receives his green card or permission.
Answered on Jul 07th, 2011 at 2:12 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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After you are married, immigration laws allow you to file for your husband and for him to file to "adjust his status" here in the US. He will not be required to return to his home country for immigrant visa processing. Please consult with an experienced immigration attorney.
Answered on Jul 07th, 2011 at 2:11 PM