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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Married a Foreign National, What are the Consequences of Not Seeking a Fiancé Visa

    I am a USC and am married to a Dutch national. We married in NJ in 2006 (while he was on a tourist visa) and went back to the Netherlands where we've been residing ever since. We did not get him a fiance' visa at the time we married because we had no intention of staying in the US. Now our circumstances have changed and I will be moving back to the states with our two children (who hold dual citizenship) and I was wondering if you thought that the lack of fiance' visa would cause a problem with our trying to bring him to the states? (Additional info: We've been married almost seven years, and did marry in the same municipality that we applied in after waiting the three days as required. We have the marriage certificate with the Apostille, which we used for my residency permit here.) We're also not sure if it would be better for us to go through Consular Processing (which I'm under the impression is no longer available in this country) or wait until I"m actually back in the US in a few months to start the immigration process.

    Any help or advice you can provide would be greatly appreciated.

    (Also, I'm currently looking for an immigration lawyer to help us, but I was just wondering if anyone knew if there would be issues because of our circumstances. )

    Thank you in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Married a Foreign National, Chose Not to Get a Fiancé Visa

    A fiancé visa would have allowed him to come to the U.S., marry within 90 days, then petition to adjust his status. It would have been of no benefit to him in the context you describe.

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Married a Foreign National, Chose Not to Get a Fiancé Visa

    Thank you so much for answering. It's good to know that it won't be an issue when we apply!

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