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Need advice fast!

Need advice fast!

Old Jan 29th 2003, 3:57 pm
  #1  
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Joined: Jan 2003
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Default Need advice fast!

My boyfriend arrived in Upstate NY from England in December on a tourist passport. He planned to stay for a few weeks but in the meantime we realized that we are very much in love and want to get married. However...I am going through a divorce as I speak , which should be final within a few weeks if all goes well. My problem is, my boyfriend is supposed to return to England in March. We are hoping my divorce will become final before he must return and can get married. From there I will file the spouse papers with immigration to get the ball rolling for him to permanantly stay in this country. My question is, can we still get married in this country if he overstays his visit??? I am wondering about this due to the time between my divorce becoming final and the time he has to go back is so close together. Any help in this matter would be so very much appreciated. Thank you.
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Old Jan 30th 2003, 11:40 am
  #2  
darrenb
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Default Re: Need advice fast!

Hi, IF you are looking for adviced on this type of subject I would suggest you go to ,arriage based visas newsgroup on this forum. There are plenty of experts there who have been through this a hundred times before. From my own experience all I can suggest is that you get the best advice you can before you do ANYTHING. The last thing you want to happen is have your soon to be husband denied a Visa on the basis that you did something reckless at the start of the whole thing.....

GO and post on the other board and you will get all the help you need.

D


Originally posted by lovespigs
My boyfriend arrived in Upstate NY from England in December on a tourist passport. He planned to stay for a few weeks but in the meantime we realized that we are very much in love and want to get married. However...I am going through a divorce as I speak , which should be final within a few weeks if all goes well. My problem is, my boyfriend is supposed to return to England in March. We are hoping my divorce will become final before he must return and can get married. From there I will file the spouse papers with immigration to get the ball rolling for him to permanantly stay in this country. My question is, can we still get married in this country if he overstays his visit??? I am wondering about this due to the time between my divorce becoming final and the time he has to go back is so close together. Any help in this matter would be so very much appreciated. Thank you.
 
Old Jan 30th 2003, 12:02 pm
  #3  
darrenb
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Default

Hay, also have a look at: http://www.usembassy.org.uk/cons_web...ouse.htm#seven

I will past is here just in case::

I have a partner/ common-law spouse who is an U.S. citizen.

U.S. immigration law does not recognize common-law marriages. A U.S. citizen cannot file an immigrant visa petition for a partner in the immediate relative category as the spouse of U.S. citizen, or a fiancé(e) visa petition. You will be required to apply for an immigrant visa either in one of the employment based preference categories or through the Diversity Visa Program, commonly known as the lottery.


My fiancé(e) and I will not marry within 90 days of our arrival. Can he/she still apply for a fiancé(e) visa?

No. If the marriage will not take place within 90 days of the fiancé(e) visa applicant's arrival in the United States, it will not be possible to process an application for a fiancé(e) visa. An immigrant visa will be required. Visa free travel under the Visa Waiver Program or a nonimmigrant visitor or work visa is not appropriate.


Can we apply for the fiancé(e) visa while my fiancé(e) is in the United States.

No. An applicant for a fiancé(e) visa must apply for the fiance(e) at a U.S. Embassy or Consulate outside the U.S. as he or she is required to enter the United States on the visa.


If I cannot sponsor my fiancé(e) how can he/reside with me in the United States?

Your fiancé(e) will be required to qualify for a visa either in one of the employment based preference categories, or through the Diversity Visa Program commonly known as the lottery.


Can my fiancé(e) work in the United States before we marry?

The INS may grant permission for the alien fiancé(e) to take up employment in the United States before the marriage takes place. To obtain employment authorization your fiancé(e) will need to file form I-765 with the INS Service Center which covers his or her place of residence in the U.S after his or her arrival there. Questions concerning employment should be directed to INS.

My fiancé(e) is still married; can we apply for a fiancé(e) visa?

The fiancé(e) visa petition cannot be filed until you are both legally free to marry. Therefore, you will be required to wait until your fiancé(e)'s divorce is finalized. However, it is possible to begin the administrative processing of your application. If you have not already returned the completed visa application forms to the Immigrant Visa Unit, you may wish to do so in order for them to begin the processing of your application.


We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an officer of the Immigration and Naturalization Service at the port of entry.


Can I enter the United States on a fiancé(e) visa, marry and then leave the United States for my honeymoon?

On marriage, you must contact the Immigration and Naturalization Service for further information. If you leave the United States without first obtaining permission from them to re-enter the country, you will be required to apply for an immigrant visa in order to return. This could delay your return by three to six months.


Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?

If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.
 

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