QUESTION
What would happen if my fiance and I got married while he is on holiday?
Asked on Apr 30th, 2016 on Immigration - Pennsylvania
More details to this question:
My fiance is a UK citizen and I am us citizen, we have known eachother for close to two years, we got engaged on his last holiday to the us... I originally planned on relocating to the uk. ..as I have a blood relative living there,but my money situation is not so well atm.....so what I need to know is if he can come over on holiday next year and marry me (without a fiancee or marriage visa),could I apply for a greencard for him and would i need to file an Affidavit of support? And if he does that,would he be able to stay in the us while waiting on a greencard? He does have an Esta for traveling and could Vist up to three months....we have proof that our relationship is genuine. As we have sent numerous gifts, letters and cards,he also has proof of travel to see me,Plane tickets,pictures (myself,him and my children) train tickets...any information and device would be greatly appreciated and helpful! Sincerely, Amanda Nash.
1 ANSWER
You could file an immigrant visa petition on his behalf once you have married. As part of the immigrant visa process, you will be required to submit an affidavit of support on his behalf. You may be able to use your husband's income or assets if you do not have sufficient income or assets. You may also use a joint sponsor.
No. Your husband could not enter on ETSA, marry you, and remain here while seeking an immigrant visa. He cannot use ETSA to enter the country when his intent is to remain permanently. This could lead to serious consequences. You would be better off seeking a fiancé visa.
Yoy can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on May 05th, 2016 at 3:55 AM