QUESTION

What would be your advice if we don’t plan to marry yet just visit each other from time to time?

Asked on Aug 18th, 2016 on Immigration - Georgia
More details to this question:
I'm 22 and a Filipina. I have an American boyfriend for a year and a half already. He's 21. I've never been to America or any other countries at all. I got no visa or whatever to go travel to other country. My boyfriend will go visit me here in the Philippines next year, for a week or so. And he wants me to go visit his homeland as well. What should I do first and what do I get to visit the US? He wants me to be an American citizen as well. What do we have to do for that to happen? I'm seriously confuse on what we should do here. If we file for a fiancé visa and was unable to decide to marry within 90 days, can we still marry in US?
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2 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
You will need to apply for a fiance visa, and yes, you will have to get married within 90 days, or leave.
Answered on Sep 13th, 2016 at 5:10 PM

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Immigration Law Attorney serving Atlanta, GA
3 Awards
If it is your intention to visit in the U.S. and then return to your home in the Philippines (rather than an intention to enter the U.S. and then apply to remain permanently), then with that "nonimmigrant intent" you may apply for a visitor's visa for this purpose. If you were to have nonimmigrant intent but a reasonable time after you arrived in the U.S. you became engaged to be married and decided you would like to remain permanently, that may be satisfactory and then after your wedding you and your U.S. citizen spouse could proceed with the process of applying to become a Lawful Permanent Resident (getting a "Green Card"). If you were to enter the U.S. with a fiance visa, you would be expected to become married and file an adjustment of status application within 90 days, and if you failed to do so you would be regarded as having overstayed your visa and you would be at risk of being placed in removal/deportation proceedings. Nonetheless, if you were to become married later than 90 days after entry into the U.S., it still may be possible for you and your U.S. citizen spouse to proceed with an adjustment of status application process. Beyond these details there are many others that relate to eligibility.
Answered on Sep 13th, 2016 at 11:23 AM

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