Legal Question in Immigration Law in California

hello

I was wondering if I marry a non us citizen in CA, do they then have to return to their home country to change visa status. My partner is from Australia and it will cost him over $3000 to get there and back. He is on a multiple entry tourist visa currently and we did not think of marriage when he entered the country 3 1/2 months ago.


Asked on 3/30/11, 11:05 am

6 Answers from Attorneys

Mercy Sequeira Law Office of Mercy Sequeira

Are you a U.S. citizen? You have several options. If you would like a free consultation, please contact my offices at 408-245-2416 or send me an email, [email protected]

Read more
Answered on 3/30/11, 11:08 am
Latangie Williams Law Office of Latangie Williams, P.A.

He does not have to leave. However, he may need to apply for a waiver. For a free consultation, please contact my office at 904-371-3538 or email me at [email protected].

Read more
Answered on 3/30/11, 11:10 am
Armen Tashjian Law Offices of Armen M. Tashjian

If he is still in valid visitor's status, he doesn't have to leave. Just file your I-130 and I-485 packages together. Good luck.

Read more
Answered on 3/30/11, 11:14 am
Michael Cho Law Offices of Michael Cho

If you are a US citizen and your spouse entered the US legally, then depending upon when the marriage occurred, you may be eligible to apply for adjustment of status without leaving the country.

Please find free information on the process and a relevant article you should review here:

http://www.msclaw.com/Green_Card_for_Spouse/Why_Choose_MSCandAssociates.html

http://www.msclaw.com/news/3/71/30-60-90-Day-Rule-and-Adjustment-of-Status.html

Read more
Answered on 3/30/11, 11:16 am
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

If you are a U.S. citizen, all sponsorship paperwork can be filed concurrently upon marriage, and your husband can then continue to reside in the U.S.

Departure from the U.S. is not required. Additional information is here: www.h1b1.com/Uscitizen.htm

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

Read more
Answered on 3/30/11, 11:16 am
Seeta Nangia Law Offices of Seeta Nangia

As you have read in the other attorneys' responses, if you are a U.S. Citizen and your future husband entered the country with a visa, he is eligible to adjust his status while remaining in the United States. "Adjust status" is a fancy term for applying for a green card while staying in the United States. Before filing an application on his behalf, you both should consult with an immigration attorney to ensure there are no grounds of inadmissibility that would prevent him from obtaining a green card or cause him to be put into deportation proceedings. Please feel free to contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

Read more
Answered on 3/30/11, 11:40 am


Related Questions & Answers

More Immigration Law questions and answers in California