The fresh new immigration techniques to have a foreign companion life style overseas may sound enough time and you will difficult, and other people have a tendency to ask yourself if there’s a means to it. Sometimes, couples genuinely believe that it will be much easier and you will shorter if for example the international citizen relates to the united states to your an effective visitor’s otherwise site visitors visa, marries the You. To have couples who happen to be already partnered, there is certainly an urge for the international spouse to come quickly to the us because the a vacationer otherwise subscribers and you can to switch her standing in the us. But not, this are unsafe and then have extremely serious consequences to own brand new international partner’s immigration.
Immigrant Intent
You to definitely possible issue with overseas partners trying get low-immigrant visas and you can/otherwise go into the All of us playing with particularly low-immigrant visa or into Charge Waiver Program ‘s the thus-titled “immigrant purpose”. An individual who applies for a low-immigrant charge must establish that he / she does not have “immigrant intent”, and thus he or she does not plan to stay static in the usa and you will live-in the usa forever.
Therefore, their foreign-citizen mate is almost certainly not in a position to discover a low-immigrant charge to visit the united states when you find yourself their unique immigrant petition try pending. The point that the latest candidate for a traveler or visitor visa was partnered so you can a great U.S. citizen, particularly when they already provides a pending immigrant petition, creates an assumption regarding “immigrant intent”, that renders brand new applicant most likely ineligible to have a low-immigrant visa.
Similarly, U.S. Lifestyle and you may Border Security (CBP) inspectors could possibly get reject access to the united states to help you a low-immigrant visa proprietor for the very same cause – thought immigrant intent as a consequence of wedding if you don’t engagement that have a U.S. resident or green-card holder.
A different companion seeking go into the United states on a beneficial appropriate non-immigrant charge approved prior to the marriage is going to be nevertheless be declined entryway, whether or not it counters that she or he are partnered so you can a great U.S. citizen, therefore starting a presumption from “immigrant intention”.
International companion of an excellent U.S. resident might possibly receive a low-immigrant charge to check out the new U.S., if they might be able to show that the guy otherwise she will not already want to immigrate towards the You.S. Eg, if the one another partners alive and performs overseas and you can propose to get back on their country of household once a short-term stop by at new Us, brand new overseas lover could probably see a beneficial visitor’s visa.
Visa Waiver System
If for example the overseas spouse doesn’t need a charge to get in the united states – particularly, he’s from a country engaging in this new Charge Waiver System – you may be thinking that she or he is enter the United States and you may to switch standing centered on his or her marriage so you can the latest U.S. resident. However, a tradition and Edging Patrol officer inspecting the latest international lover during the You.S. border can also be reject him or Sex-Dating-Sites fГјr costaricanische Frauen her entry to your You.S. into the Visa Waiver Program, if for example the administrator decides that the foreign mate has actually immigrant intention.
Essentially, when a man enters the united states into the Charge Waiver Program, he is stating intent to go away inside 3 months. Due to this fact, a visa Waiver entrant do basically not be able to document to own adjustment of position, also into the enabled ninety days from stay. However, there can be an exemption to own filing while the a primary cousin, such as for example partner, out of a U.S. resident.
Preconceived Intent
In case your foreign spouse comes into the us as the a non-immigrant, otherwise because of Visa Waiver Program, immediately after which tries to adjust updates, he/she may encounter dilemmas from the therefore-titled “preconceived intent”.
