There could be many other reasons to use this category. Is that all I need to do to stay here legally? Perhaps there are other relatives with visa petitions in the pipeline that may be closer to approval than starting a marriage case. One of the reasons we require full initial consultations of prospective clients, is because we approach the process of marriage based immigration holistically and ethically, described more fully below. While marrying an American or green card holder is per se not against the immigration law, it does raise a red flag to consular and border officers that there is a likelihood the person will stay in the US permanently in violation of tourist status.
As our office handles a lot of family based immigration matters, I thought this would be a good time to write about international love and how our immigration system deals with bi-national relationships. Visa petitions can be filed initially followed by adjustment applications, or they can be filed concurrently if the quota is current. The applicant has the burden of proving intent to return home to a home that has not been abandoned. What if my fiance and I just get married now instead? In that case, the appropriate means is to use the K-1 or immigrant visa options described above. Immigrants who have been in the US out of status, or have been deported or committed crimes should seek legal advice, since leaving the US may trigger legal consequences affecting their right to come back to the US after the immigrant visa interview. As you will see by the factors below, immigration law is complex and the best immigration method must be based on your particular facts. More likely, I forgot I wrote it down and then stumbled upon the note years later. Other Visa Options We always look to see whether the foreign national might benefit more from a work visa instead, which can sometimes be faster or if the couple is reluctant to file based on their relationship. They may be permanently barred from return or may need a waiver of inadmissibility. Can we just file the papers now for a marriage case? This is not meant to be legal advice for a particular situation or to establish an attorney-client relationship. Our immigration laws presume that everyone coming to the US is coming with the intent to stay permanently. There is also the additional expense, hassle and unpredictability of having to file a waiver application if misrepresentation is found. There are three main immigration options for couples: Can I file for adjustment of status or should I go to the US consulate? Adjustment is also an avenue of relief for individuals in removal proceedings. Then open it up when you are about Are there other options that may be better? The discussion below pertains to the first three categories above. Couples who do not qualify for adjustment of status may need to consular process their immigrant visas. We look at a wide variety of factors such as the following nonexclusive list of considerations: Other clients want to delay their weddings for various reasons, or they may need to travel extensively, or they have other compelling issues. The issue can come up in several ways: I just attended an immigration lawyers conference where one of the consular officers mentioned that his staff was gearing up for wedding season.
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