Will my fiance be able to work in the US if his travel visa is still valid? 7 Answers as of August 09, 2011

My fiance' lives in the UK, he has a travel visa that is still valid. If he comes to visit and we then marry will we be able at that point to apply for a updated visa...marriage visa without any issues? will he be able to work if found a job?

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
If you file a fiance petition for your fiance and he enters on the visa, he is eligible to apply for work authorization. If he enters on a visitor visa and is eligible to apply for permanent residence, he can also apply for work authorization. I cannot speak to specific issues because I dont know enough about your case. Obviously, you can only work in the U.S. legally if you have work authorization.
Answer Applies to: Virginia
Replied: 8/9/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
If he files the Adjustment of Status, he can get a work permit after 3 months from the filing. You can process in the US, if you come with the intent of a tourist. If you enter with preconceived intent to file for your green card, you may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion.
Answer Applies to: California
Replied: 8/8/2011
Fong & Associates
Fong & Associates | William D. Fong
If he intends to enter the US to marry you and then file for permanent residence; he should file for the K-1 fiance visa. This visa allows him to enter the US, marry you, and then for him to file for his green card here. He likely does not have an actual visitor visa as the UK is a visa waiver country. He is probably thinking that his ESTA registration is a visa.
Answer Applies to: Texas
Replied: 8/8/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
if you marry within 30-90 days of him entering the U.S. under a tourist visa you may have to answer questions about preconceived intent at your marriage interview.
Answer Applies to: Florida
Replied: 8/6/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If he enters US with the intention to get married, he will be violating the non-immigrant visa that you called it "travel visa' [ I assume you meant tourist] But if he does not have any knowledge of your intention to marry him !! and you surprise him, yes, he can stay, apply for adjustment of status and be able to work approximately 90 days later.
Answer Applies to: Nevada
Replied: 8/6/2011
    Law Office of Felipe A. Malo, P.A.
    Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
    Once u marry he can work even if he has not received his employment authorization from immigration as illegal employment is automatically cured through your marriage once u submit paperwork with immigration
    Answer Applies to: Florida
    Replied: 8/6/2011
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    If your spouse has no immigration violations or criminal violations, you should be able to petition for their green card and work permit. Speak with an immigration attorney for more information. For a free consultation contact my office.
    Answer Applies to: New York
    Replied: 8/6/2011
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