Marriage and travelling
Aug 12th 2010, 6:01 pm
#1
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Marriage and travelling
If my spouse and I get married in the US, can I travel outside of the US and then come back in before I submit my paperwork for a change of status for the temporary green card?
Aug 12th 2010, 6:12 pm
#2
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Re: Marriage and travelling
It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so your idea of marrying now, leaving the USA, then returning as a visitor to then file AOS is not a good idea.
I see by your previous post that you are currently in the USA as a visitor (VWP?). http://britishexpats.com/forum/showthread.php?t=676482
If you plan to marry on this trip and remain in the USA to adjust status, you should have a consultation with an immigration attorney. After filing AOS, if you choose to do so, you won't be able to leave the USA (and return safely) until you have Advance Parole (AP) document in hand. It takes about 60 days to get AP in hand after filing AOS.
There is no temporary green card. Once you adjust your status, you become a US Permanent Resident. If your marriage is less than 2 years old at that time, you will receive a 2-year conditional green card.
Rene
Aug 12th 2010, 6:17 pm
#3
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Re: Marriage and travelling
You mean if your "fiance(e)" and I get married. If he/she was your spouse, you'd already be married.
It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so your idea of marrying now, leaving the USA, then returning as a visitor to then file AOS is not a good idea.
I see by your previous post that you are currently in the USA as a visitor (VWP?). http://britishexpats.com/forum/showthread.php?t=676482
If you plan to marry on this trip and remain in the USA to adjust status, you should have a consultation with an immigration attorney. After filing AOS, if you choose to do so, you won't be able to leave the USA (and return safely) until you have Advance Parole (AP) document in hand. It takes about 60 days to get AP in hand after filing AOS.
There is no temporary green card. Once you adjust your status, you become a US Permanent Resident. If your marriage is less than 2 years old at that time, you will receive a 2-year conditional green card.
Rene
It is illegal to enter the USA as a visitor with the intent to remain and adjust status to permanent resident, so your idea of marrying now, leaving the USA, then returning as a visitor to then file AOS is not a good idea.
I see by your previous post that you are currently in the USA as a visitor (VWP?). http://britishexpats.com/forum/showthread.php?t=676482
If you plan to marry on this trip and remain in the USA to adjust status, you should have a consultation with an immigration attorney. After filing AOS, if you choose to do so, you won't be able to leave the USA (and return safely) until you have Advance Parole (AP) document in hand. It takes about 60 days to get AP in hand after filing AOS.
There is no temporary green card. Once you adjust your status, you become a US Permanent Resident. If your marriage is less than 2 years old at that time, you will receive a 2-year conditional green card.
Rene
Also, what if we got married outside of the US. How will that work as far as timelines etc.
Aug 12th 2010, 6:24 pm
#4
Joined: Apr 2002
Posts: 35,082
Re: Marriage and travelling
Yes I am currently here on a visitor's visa. So are you saying that it is okay to get married now whilst I am here on the visitor's visa? Then I would have to wait for the AP? Why do you suggest I meet with an immigration attorney? Is this something wrong that I am doing by marrying my fiance whilst here on a visitor's visa?
Also, what if we got married outside of the US. How will that work as far as timelines etc.
Also, what if we got married outside of the US. How will that work as far as timelines etc.
There is no problem with marrying, and leaving to apply for the correct visa (immigrant visa, CR-1). Same if you marry outside the US.
An immigrant visa takes about 6-10 months to get.
Getting married while on a VWP entry is not the problem. Applying to adjust status may be.
Aug 12th 2010, 6:25 pm
#5
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Re: Marriage and travelling
Yes I am currently here on a visitor's visa. So are you saying that it is okay to get married now whilst I am here on the visitor's visa? Then I would have to wait for the AP? Why do you suggest I meet with an immigration attorney? Is this something wrong that I am doing by marrying my fiance whilst here on a visitor's visa?
There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.
Also, what if we got married outside of the US. How will that work as far as timelines etc.
Rene
Aug 12th 2010, 7:15 pm
#6
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Re: Marriage and travelling
Are you actually here on a B-2, or are you here on the VWP? I suggest having a consultation with an immigration attorney, because as I said, it's illegal to enter the USA as a visitor with the intention of adjusting status to permanent resident. I don't know what your intent was at the POE on this particular visit, and you shouldn't state it here, either. You should tell the immigration attorney, who can then let you know if you have a chance at getting your AOS approved or not. If you entered on the VWP and your AOS is denied, you have no right to an appeal, and you'll be removed from the USA. The attorney can help you weigh the risk and give you guidance. You don't have to hire the attorney to do the whole process, just a consultation.
There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.
If you get married outside the USA, your USC spouse will file an I-130 to get the ball rolling on your Immigrant Visa. I don't know what your home country is, but it's typically an 8 to 10 month process for non-third-world countries. Once you get your Immigrant Visa in hand and use it to come to the USA, you become a US Permanent Resident immediately, with full rights to live and work in the USA.
Rene
There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.
If you get married outside the USA, your USC spouse will file an I-130 to get the ball rolling on your Immigrant Visa. I don't know what your home country is, but it's typically an 8 to 10 month process for non-third-world countries. Once you get your Immigrant Visa in hand and use it to come to the USA, you become a US Permanent Resident immediately, with full rights to live and work in the USA.
Rene
Thanks guys.
Aug 12th 2010, 7:23 pm
#7
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Joined: Jul 2008
Posts: 134
Re: Marriage and travelling
Are you actually here on a B-2, or are you here on the VWP? I suggest having a consultation with an immigration attorney, because as I said, it's illegal to enter the USA as a visitor with the intention of adjusting status to permanent resident. I don't know what your intent was at the POE on this particular visit, and you shouldn't state it here, either. You should tell the immigration attorney, who can then let you know if you have a chance at getting your AOS approved or not. If you entered on the VWP and your AOS is denied, you have no right to an appeal, and you'll be removed from the USA. The attorney can help you weigh the risk and give you guidance. You don't have to hire the attorney to do the whole process, just a consultation.
There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.
If you get married outside the USA, your USC spouse will file an I-130 to get the ball rolling on your Immigrant Visa. I don't know what your home country is, but it's typically an 8 to 10 month process for non-third-world countries. Once you get your Immigrant Visa in hand and use it to come to the USA, you become a US Permanent Resident immediately, with full rights to live and work in the USA.
Rene
There is nothing wrong with getting married while you are here as a visitor. That's perfectly legal. It's the issue of adjusting your status after marriage while here as a visitor which needs a professional's input.
If you get married outside the USA, your USC spouse will file an I-130 to get the ball rolling on your Immigrant Visa. I don't know what your home country is, but it's typically an 8 to 10 month process for non-third-world countries. Once you get your Immigrant Visa in hand and use it to come to the USA, you become a US Permanent Resident immediately, with full rights to live and work in the USA.
Rene
Aug 12th 2010, 7:46 pm
#8
Joined: Apr 2002
Posts: 35,082
Re: Marriage and travelling
I think you should go talk to a lawyer about it.
Hint: when paying for advice, don't wait for him/her to pull the info out of you one piece at a time.. it will get very expensive!
Hint: when paying for advice, don't wait for him/her to pull the info out of you one piece at a time.. it will get very expensive!
Aug 12th 2010, 8:04 pm
#10
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Re: Marriage and travelling
B-2 visa = short term visitor visa (for pleasure)
VWP = Visa Waiver Program, means you are in the USA as a visitor, but you don't have a visa sticker in your passport.
If you are on a B-1, you are not a "visitor". You are here to do some kind of specific work for your company overseas. Sometimes they issue a B1/B2 combo visa.
Rene
Aug 12th 2010, 8:29 pm
#11
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Re: Marriage and travelling
B-1 visa = short term business visa (for work)
B-2 visa = short term visitor visa (for pleasure)
VWP = Visa Waiver Program, means you are in the USA as a visitor, but you don't have a visa sticker in your passport.
If you are on a B-1, you are not a "visitor". You are here to do some kind of specific work for your company overseas. Sometimes they issue a B1/B2 combo visa.
Rene
B-2 visa = short term visitor visa (for pleasure)
VWP = Visa Waiver Program, means you are in the USA as a visitor, but you don't have a visa sticker in your passport.
If you are on a B-1, you are not a "visitor". You are here to do some kind of specific work for your company overseas. Sometimes they issue a B1/B2 combo visa.
Rene
Aug 12th 2010, 8:36 pm
#12
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Location: Phoenix, Arizona
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Re: Marriage and travelling
A B-1 is still a non-immigrant visa, so the question will still be whether you had immigrant intent at the POE or not. The best person to discussion this with is an immigration attorney. Try looking at www.ailalawyer.com to start making some calls to ask how much a consultation will be. It will probably be around $100 - $200.
To answer your underlying question of "can I marry, then travel outside the USA, then return to the USA to adjust status", the answer is still no, that's not a good idea. It's illegal to enter the USA as a non-immigrant, with the intent to immigrate.
Rene
Aug 12th 2010, 9:26 pm
#13
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Re: Marriage and travelling
Personally, I would still seek a 1-time consultation with an immigration attorney, just to get a real professional opinion. In all the years I've been on this forum, you're the first one I've seen who wants to adjust status from a B-1. Most people who ask this question are here as a visitor.
A B-1 is still a non-immigrant visa, so the question will still be whether you had immigrant intent at the POE or not. The best person to discussion this with is an immigration attorney. Try looking at www.ailalawyer.com to start making some calls to ask how much a consultation will be. It will probably be around $100 - $200.
To answer your underlying question of "can I marry, then travel outside the USA, then return to the USA to adjust status", the answer is still no, that's not a good idea. It's illegal to enter the USA as a non-immigrant, with the intent to immigrate.
Rene
A B-1 is still a non-immigrant visa, so the question will still be whether you had immigrant intent at the POE or not. The best person to discussion this with is an immigration attorney. Try looking at www.ailalawyer.com to start making some calls to ask how much a consultation will be. It will probably be around $100 - $200.
To answer your underlying question of "can I marry, then travel outside the USA, then return to the USA to adjust status", the answer is still no, that's not a good idea. It's illegal to enter the USA as a non-immigrant, with the intent to immigrate.
Rene
Aug 13th 2010, 5:44 pm
#15
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Location: Phoenix, Arizona
Posts: 58,679
Re: Marriage and travelling
Just to be clear, he said it's fine to go ahead with AOS on this visit, right? While you are still here in the USA right now, correct?
You realize that you won't be able to leave the USA until you have AP in hand, which takes about 60 days to get after filing AOS. (Well, you'll be able to leave the USA anytime, but you will abandon the AOS process and will then need to get an Immigrant Visa to return permanently.) Hopefully you won't need to go back to your country for anything before then.
Rene