Автор: The fresh immigration processes having a foreign lover lifestyle overseas may sound much time and you may challenging, and people have a tendency to inquire if you have a method doing it. Often, lovers think that it could be smoother and you will 
quicker in the event your foreign citizen concerns the us toward a beneficial visitor’s or website visitors charge, marries this new U. For people that are already partnered, there’s a temptation with the international partner to get to the usa given that a traveler otherwise customers and you may to alter the girl position in the usa. However, doing this is hazardous while having extremely serious outcomes getting brand new foreign wife or husband’s immigration.
Immigrant Intent
You to definitely prospective trouble with overseas spouses seeking see non-immigrant visas and you may/or enter the You having fun with instance low-immigrant visa or with the Visa Waiver System ‘s the very-entitled “immigrant purpose”. An individual who is applicable to possess a non-immigrant visa need show that he / she does not have “immigrant intention”, which means he or she doesn’t plan to remain in the united states and live-in the usa permanently.
As a result of this, their international-resident spouse may possibly not be capable discover a non-immigrant charge to check out the united states when you are his or her immigrant petition is actually pending. The reality that the fresh applicant to have a travelers otherwise visitor visa are married in order to good U.S. citizen, particularly if they already has actually a good pending immigrant petition, produces an expectation from “immigrant purpose”, that renders the newest applicant probably ineligible to own a low-immigrant charge.
Furthermore, You.S. Customs and you may Border Security (CBP) inspectors will get refute accessibility the us to a non-immigrant charge manager for the very same cause – presumed immigrant intent resulting from matrimony or even wedding having a great You.S. resident otherwise environmentally friendly-credit manager.
A foreign partner seeking to go into the United states toward a beneficial legitimate low-immigrant visa issued prior to the marriage will likely be still be rejected entryway, if this counters that he / she try married in order to good You.S. citizen, ergo carrying out an assumption out of “immigrant intent”.
Overseas lover out-of good U.S. citizen may be able to get a non-immigrant visa to visit the fresh You.S., if they could probably reveal that the guy or she doesn’t already intend to immigrate into the You.S. Like, if the one another partners live and you will really works overseas and you will decide to get back on their nation from residence immediately following a temporary trip to the newest Us, the latest foreign lover may be able to receive good visitor’s visa.
Visa Waiver System
In case the foreign lover doesn’t need a charge to get in the united states – eg, he’s regarding a nation engaging in new Charge Waiver Program – it might seem that he or she is also enter the United Says and you can to switch status according to their marriage to the newest You.S. citizen. not, a customs and you will Border Patrol officer inspecting the overseas mate on You.S. border can be refuse them admission into the U.S. towards Charge Waiver Program, if the officer identifies that international lover has immigrant purpose.
Fundamentally, when men gets in the united states to the Visa Waiver System, he’s expressing purpose to exit within 3 months. For this reason, a visa Waiver entrant perform basically struggle to file to own adjustment from standing, actually from inside the enabled 90 days away from sit. Although not, there is certainly an exception to this rule to have submitting just like the a direct cousin, such spouse, of an excellent U.S. citizen.
Preconceived Intention
In the event your foreign companion goes into the united states since the a non-immigrant, or compliment of Visa Waiver Program, right after which seeks to adjust condition, they will get come across difficulties by therefore-entitled “preconceived purpose”.
