Legal Question in Immigration Law in Texas
Hi. My boyfriend and I are engaged and don't know where or when to get married. He is a US citizen and I am a UK citizen with a Dutch passport (Dutch parents, born in UK) and a B1/2 tourist visa, valid for 10 years. We will be spending the next year in England, and then about six months of the following year in Texas while he finishes his studies. After that he will apply for jobs in the US and UK, and we don't know where we'll end up.
My question is this - is there an advantage for us in getting married in one country or the other? In two years' time one of us will have to apply for an immigrant visa. Also, if we get married next summer, will I be able to use my visitors' visa to go with him to Texas for six months after that? Or should we wait until after that for the wedding? I would rather not be in a situation in which I cannot leave the States for a time until he has a job there, if it happens, and we would like to minimise visa fees.
Any help would be much appreciated! Thanks very much.
2 Answers from Attorneys
I cannot speak to UK requirements.
However, if you are looking for the simplest method of acquiring US residency: If you marry in the UK, it is not likely that you will be able to use your tourist visa again, as you will not be able to establish temporary intent. It is a discretionary decision, but it is also unlikely that you could enter on the tourist visa as his fiancee.
If you marry in the UK, and he does not have a residence in the US to return to, you will hamper your application, as in order to acquire US permanent residence, you have to establish your intent to reside permanently in the US and you will need a residence.
Whatever route you choose, you will need to remain in the US until your residency is approvedf (or you have advance parole approved), or it will be considered abandoned.
You need to retain an attorney to process your documents in a way most beneficial to your situation.
You can use your Visitor's visa while unmarried and visiting the USA for a short period of time. If you marry in UK and then intend to move to US to stay with your husband while he finishes his studies, there is a danger that you may not be admitted to the US (denied admission at the airport). The reason for this is that you can be considered as having an immigrant intent which is incompatible with a Visitor's visa.
If you marry in UK and plan to move to USA shortly after that, you have to plan to apply for a spousal or immigrant visa before you move to USA.
If you marry in USA, you may be able to apply for a permanent residency through a process known as "adjustment of status" without having to leave the country.
Please let me know if you have any additional questions or would like to schedule a consultation.
Attorney [@] law-visa-usa.com
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