Legal Question in Immigration Law in Ohio

I am currently on a tourist visa visiting my fiancee (entered on VWP) and we are planning on becoming wed during the first week of July (after 60 days of entering the US). This gives us 3 weeks to file our case and for me to get my medical examination. There is an issue with where to file as he is employed as a private chef and travel a lot so we are never in the same location for very long. We are going to his employers summer house on Lake Michigan till September.

Should we hire an attorney based in Cincinnati and use this as our residence and therefore travel for medical exam etc.?

Should we hire an attorney in Michigan and use the summer home as our residence and file from there?

Or, should I return home (Scotland) and apply for a spouses visa?


Asked on 6/12/15, 9:59 am

1 Answer from Attorneys
Michael Brandabur Brandabur Law, LLC

I would strongly suggest you immediately speak with a knowledgable immigration attorney. If you entered under VWP (visa waiver program) then you stay in the US is limited to 90 days. You can stay 6 months on a B1/B2 Visa, and then request an extension. Since you entered under VWP (or even if B1/B2) immigration will look long and hard at your "intent" when you entered. That is, if your plans were to marry and stay in the US when you entered the US, then immigration may very well claim immigration fraud. Thus, you would and will bear the burden of showing you intent was to enter then leave, but things changed during your stay here.

As to the attorney you hire, the practice of immigration is national, so state licensure isn't relevant, so long as the attorney is licensed. Your interview will be several months down the road, so your location for the next few months won't be relevant.

If you return to Scotland, it'll take likely take 9+months or longer to after you've filed before you can come back - and likely longer than that. I'd be happy to discuss further with you.

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Answered on 6/12/15, 11:07 am


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