QUESTION

If I marry an immigrant, do they have to live in the US?

Asked on Feb 24th, 2016 on Immigration - New Hampshire
More details to this question:
My boyfriend currently lives in Brazil and we would like to get married. He doesn't want to become a citizen but he would like to live here as a resident but still be able to visit his family every year in Brazil. If we get married, does he need to stay here for a certain amount of time before returning home?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Permanent residents must make the United States the country of their permanent domicile. Under US immigration laws, green card holders should stay in the country for at least six months out of every year. A person who immigrates does not have to spend any time here before going home. The U.S. entry stamp on the passport will allow the individual to travel in and out of the United States until the green card arrives. However, it should be noted that in a marriage case, it would be very suspicious to Immigration if the alien was to travel back and spend much time in the home country without the US citizen spouse. Such could cause great concern about the bona fides of the marriage. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    
Answered on Mar 23rd, 2016 at 11:30 AM

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