QUESTION
Will my fiance be able to work in the US if his travel visa is still valid?
Asked on Jul 26th, 2011 on Immigration - New York
More details to this question:
My fiance' lives in the UK, he has a travel visa that is still valid. If he comes to visit and we then marry will we be able at that point to apply for a updated visa...marriage visa without any issues? will he be able to work if found a job?
4 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
If he files the Adjustment of Status, he can get a work permit after 3 months from the filing. You can process in the US, if you come with the intent of a tourist. If you enter with preconceived intent to file for your green card, you may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion.
Answered on Aug 08th, 2011 at 2:01 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
If he intends to enter the US to marry you and then file for permanent residence; he should file for the K-1 fiance visa. This visa allows him to enter the US, marry you, and then for him to file for his green card here. He likely does not have an actual visitor visa as the UK is a visa waiver country. He is probably thinking that his ESTA registration is a visa.
Answered on Aug 08th, 2011 at 11:15 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
If he enters US with the intention to get married, he will be violating the non-immigrant visa that you called it "travel visa' [ I assume you meant tourist] But if he does not have any knowledge of your intention to marry him !! and you surprise him, yes, he can stay, apply for adjustment of status and be able to work approximately 90 days later.
Answered on Aug 06th, 2011 at 9:44 AM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
Update Your Profile
If your spouse has no immigration violations or criminal violations, you should be able to petition for their green card and work permit. Speak with an immigration attorney for more information. For a free consultation contact my office.
Answered on Aug 06th, 2011 at 9:39 AM