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  1. #1
    Join Date
    Aug 2005
    Location
    CA
    Posts
    3

    Default Marrying a Non-Citizen

    Hello, I've been reading the forum, but haven't quite found what i'm looking for. In brief, I am dating a Brit. who comes here on a tourist visa. We want to stay together, but we're not sure of what to do. The thing is we just dont want to seperate anymore, we've had enough and can't take the distance. We are engaged and have been reading about this fiancee visa, but the process seems long and as far as we know he can't be in the country? He is coming back on the tourist visa this fall and we're thinking that we might just have to get married so we can stay together. hope someone can help us.

    I'm aware about the immigration lawyer, but don't want to consult one now. We want more answers.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Immigration

    You can marry while your fiance is lawfully in the country, and then file an I-130 petition for Alien Relative, and I-485 application for permanent residence. Your fiance should obey all U.S. laws, including immigration laws, during the time the applications are pending - that is, he should not overstay his visa.

  3. #3
    Join Date
    Aug 2005
    Location
    CA
    Posts
    3

    Default marrying brit.

    Thanks for replying! We really appreciate it! and I'm sorry, but we're still a bit confused.
    So, if we get married before his tourist visa expires will he be able to stay here with me (in America)? Like, while all the paper work is being done.
    Say, we get married in November and his visa expires at the end of November...will he have to leave me? or can he stay here being that we are newlyweds, surely he can't be asked to leave me and this country. That's what we are worried about.
    We want to keep everything legal, but there has to be a way for us to stay together. Right?
    We realy don't want to do the whole fiancee visa cause it just seems more complicated and it seems as if we will have to seperate again.
    Thanks again for taking time out of ur busy schedule and replying. We really do appreaciate it!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: marrying brit.

    Quote Quoting toey714
    So, if we get married before his tourist visa expires will he be able to stay here with me (in America)? Like, while all the paper work is being done.
    No. If his visa expires before he is granted lawful status pursuant to your petition, he would have to leave the country.

  5. #5
    Join Date
    Aug 2005
    Location
    CA
    Posts
    3

    Default marrying a non-citizen

    Thanks again for replying! Would you be able to give us a time period (ball park) from the moment we file the necessary documents after we have wed to the time in wich he is granted lawful status?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Timeline

    A lot of factors could come into play. If you want some degree of accuracy as to a possible timeline, I suggest that your fiance consult with an immigration lawyer.

  7. #7
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Sir,

    If you get married, and file I-130 and I-485, for the adjustment of status, it is immaterial whether the visa, or more correctly, I-94, expires. It is possible that the U.K. fiancee comes here on a Visa Waiver Program, which is valid for 90 days. If not, it it is likely to be a B-2, valid for 180 days.

    In short, you may get married, but the only thing is: the fiancee should not have come here with the intention to get married. Such presumption exists within 60 days of the entry.

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

    Alex Berd, Esq.

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