Does my fiance have to leave the country and go back home after we are married? 7 Answers as of July 04, 2013

My fiance is in the US on a tourist visa and we have been together 3 years and decided to get married before his visa expires. Does he have to leave and go back home after we are married, even if he gets a work visa after his tourist visa is expired?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
The law permits adjustment if status in the U.S. if a foreign international entered with a valid visa. However, you should speak to Counsel with respect to the timing of the entry and marriage to ascertain if any issues exit.
Answer Applies to: New York
Replied: 7/14/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
After marriage file an I-130 for a spouse visa.
Answer Applies to: Tennessee
Replied: 7/4/2013
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
Assuming you are a US citizen and he came in with a B-2 visa, you have the option of filing spouse based permanent resident for her. If you file the application before her I-94 expiration date, then he does not need to leave during the case pending period. On the other hand, if you get married and file the application too early, there is a risk that his tourist entry may be treated as a misrepresentation or fraud. File the case at the right time is very important for this type of case.
Answer Applies to: Oregon
Replied: 7/7/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
To make a long story short, if you marry and file for a green card your spouse will not have to leave.
Answer Applies to: New York
Replied: 7/4/2013
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you are a U.S. citizen then he does not need to depart the U.S. if he entered with a tourist visa.
Answer Applies to: Florida
Replied: 7/4/2013
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    If he is here on a valid tourist visa and you are a U.S. citizen, he does not have to go home at any point. In fact, he should not leave after your marriage until he receives his green card or permission.
    Answer Applies to: New Jersey
    Replied: 7/7/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    After you are married, immigration laws allow you to file for your husband and for him to file to "adjust his status" here in the US. He will not be required to return to his home country for immigrant visa processing. Please consult with an experienced immigration attorney.
    Answer Applies to: Texas
    Replied: 7/7/2011
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