Legal Question in Immigration Law in New Jersey
Worried fiancee
My fiance is a citizen of Canada, and I live in NJ (US Citizen). We met six years ago and have been together for four. Two years ago he applied for a non-immigrant work visa, without telling me. We had hoped to live together. A few months ago he proposed to me. Will his intent for us to marry ruin his chances of getting into the country? Could he be barred from the US for 5 years like I have read? It was not an intentional breaking of the law, we were not aware that this would be a problem. We intend to be married in September of 2008 and I'm worried we will not be able to do so. We do not wish to get a fiancee visa and get married within 90 days, we would like to live together while he works and save money for the wedding. Are there any steps that should be taken? Should he contact an immigration lawer in Canada, or should we contact one here on his next visit?
2 Answers from Attorneys
Re: Worried fiancee
Dear Fiance,
The key issue is the intent of your fiance at the time he entered the U.S. on his tourist visa. It is understandable that his intent may have changed over time. However, if one marries shortly after entering on a non-immigrant visa, there is a rebuttable presumption that he or she entered with the wrong intent.
It is advisable to consult with a U.S. immigration lawyer before your husband plans to visit the U.S. again.
Re: Worried fiancee
Everything depends on what kind of visa he got and when did he enter the country or when he is going to enter the country. If he got H1B visa, you are fine. H1B allows dual intent (i.e. intent to immigrate) at any time of application process. If he got any other kind of visa, it is important that he does not marry you within first 60 days after his entry. After 60 days there is no presumption of fraudulent intent. If it is not H1B visa, and if he has not entered yet,I would advice to consult an american immigration attorney before he enters.
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