S. citizen, and you will adjusts their unique position in the us
The fresh immigration procedure to possess a foreign partner life style abroad may sound a lot of time and you will complicated, and folks commonly wonder when there is a means up to they. Sometimes, lovers think that it could be simpler and shorter in the event your foreign resident comes to the united states towards an effective visitor’s or subscribers charge, marries the latest U. To own couples that are already married, there was an urge on foreign mate to come to the us just like the a visitor otherwise tourist and you may to improve the girl status in the usa. But not, this should be hazardous and possess very serious outcomes having the fresh foreign partner’s immigration.
Immigrant Intention
One possible trouble with international spouses seeking to receive low-immigrant visas and you can/or go into the Us using for example non-immigrant charge otherwise toward Visa Waiver System ‘s the so-called “immigrant purpose”. A person who is applicable to have a low-immigrant charge have to show that she or he doesn’t always have “immigrant intent”, which means that he/she doesn’t want to stay in the us and you will reside in the united states forever.
Thanks to this, their foreign-citizen mate might not be capable discovered a low-immigrant visa to go to the united states when you’re their particular immigrant petition is actually pending. The reality that the brand new applicant to own a travelers or guest visa try married so you’re able to a great U.S. resident, especially if he or she currently enjoys a great pending immigrant petition, brings an assumption of “immigrant intention”, that renders this new applicant most likely ineligible getting a low-immigrant charge.
Also, U.S. Tradition and you can Edging Cover (CBP) inspectors may refute usage of the usa to help you a low-immigrant charge owner for the very same reason – presumed immigrant intent due to matrimony or even engagement that have an excellent U.S. Read more →