Legal Question in Immigration Law in Ohio

How does marriage affect future U.S. travels?

I am European and got married to my American girlfriend, whom I've dated for seven years, while currently being in the U.S. on OPT after completing my college degree. We have not filed a green card application because we plan to move to Europe. In the future, will I have difficulties entering the U.S. as a visitor, or am I still able to enter under the visa waiver program if I plan to only stay for several weeks?

I have heard there's a chance my entry under the visa waiver program might be denied since I am married to a U.S. citizen and immigration might not believe me that I want to return to Europe.

But doesn't the fact that I didn't apply for a green card while in the U.S., and the fact that I have a job and permanent residence in Europe proof that I intend to return?


Asked on 9/19/08, 5:40 pm

3 Answers from Attorneys
Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

Re: How does marriage affect future U.S. travels?

There's always a chance that you will be denied admission.

The inspector you are standing in front of as you hand over your passport is the person you need to convince to let you into the US.

Why would you be denied admission? Perhaps a name similar to yours got put onto one of the government's many secret watch lists.

Perhaps the proofs you presented are not sufficient to convince the inspector that you will leave the US.

Inspectors are professionals. However, like all people, some have bad days and make judgments they normally would not. Perhaps you get in the line of the grouchy inspector.

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Answered on 9/20/08, 12:37 pm
Johm Smith tom's

Re: How does marriage affect future U.S. travels?

You shouldn't have any problems visiting the US if you both live in the EU.

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Answered on 9/19/08, 6:25 pm
Caridad Cardinale Pastor & Associates, P.C.

Re: How does marriage affect future U.S. travels?

As long as you have evidence that you have a job waiting for you in Europe, a home and bank accounts, you should be okay. Make sure you have no prior immigration vilations as that may impact your future travels also.

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Answered on 9/19/08, 9:39 pm


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