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