QUESTION
Is marrying a US Citizen going to change your citizen status?
Asked on Oct 17th, 2011 on Immigration - California
More details to this question:
I am a US citizen, and my wife is Mexican citizen, with tourist visa here in the US. We live in Mexico, and I do part time work in US. We have been married for 8 years; she had a tourist visa before we got married. She is not interested in living in the US, and her tourist visa is expired. Can she apply for renewal of her tourist visa, or does she has to change her status, because she is married to US citizen?
10 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Your wife can apply for a tourist visa but she needs to be honest on her application. If it is denied you will have to file a spousal visa.
Answered on Nov 09th, 2011 at 12:29 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Marriage should not affect her ability to get a tourist visa; just explain all facts and have her be prepared to show her ties to Mexico
Answered on Nov 07th, 2011 at 9:05 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
She will likely be denied a tourist visa because of her Immigrant Intent based on your marriage. She can try and get it, but they will likely tell you to sponsor her for her green card.
Answered on Nov 01st, 2011 at 10:05 AM
Bankruptcy Attorney serving Santa Ana, CA
at
Law Offices of David L. Smith
Update Your Profile
Her getting married to you(a US citizen) does not change her status in anyway, unless she files for a change of status. The fact that you both live in Mexico and you are a US citizen, should make it as easy or easier for her to continue to get a tourist visa.
Answered on Oct 31st, 2011 at 6:12 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
She can apply for the visitor visa, and needs to prove to the consular officer that she does not intend to apply for permanent residence while in the US. She should be prepared to show all of your ties to Mexico, and a sworn statement for you would be helpful.
Answered on Oct 31st, 2011 at 5:45 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
at
Ruiz Law Group PC
Update Your Profile
The only way to change her status is for you as the US citizen to petition for her as you wife. Otherwise she has to renew her tourist visa to travel. Good luck.
Answered on Oct 31st, 2011 at 3:55 PM
Business Litigation Attorney serving Chicago, IL
at
Law Offices of Peter Y. Qiu
Update Your Profile
In general, she should be able to renew her tourist visa, provided that she has complied with all relevant requirements under the law and is also eligible for change of status as a spouse of a US citizen.
Answered on Oct 31st, 2011 at 2:31 PM
3 Awards
She can still apply for a tourist visa to us. However, the consulate may suspect her immigrant intent even she does not have. She has the burden to prove the intent.
Answered on Oct 31st, 2011 at 2:23 PM
Assault Attorney serving Richardson, TX
2 Awards
It is doubtful she would be approved under the circumstances.
Answered on Oct 31st, 2011 at 1:36 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
Update Your Profile
She can simply say so (that she lives in Mexico, and wishes to continue doing so, is married to an American citizen who does part time work in the US, and wishes to simply visit the US). She needs to show intent to return to Mexico and money to travel to the US, just as she probably done in the past. Good luck.
Answered on Oct 28th, 2011 at 7:43 PM