You can, if you wish, accompany your spouse to this interview, but you cannot bring an attorney. You can apply for a K-3 nonimmigrant temporary visa, which allows entry while the initial visa petition is being processed, and allows your spouse to perform the final portions of the application process within the United States. After Marriage The same is true for a foreigner coming to the U.
As described above, that will require not only submitting forms and documents, but taking a medical exam and passing a background check and attending an interview. You can apply for a K-3 nonimmigrant temporary visa, which allows entry while the initial visa petition is being processed, and allows your spouse to perform the final portions of the application process within the United States. The marriage itself is valid. S as a lawful permanent resident getting married overseas and obtaining a nonimmigrant K-3 visa to enter the U.
You and your spouse will be able to attend the adjustment interview together, at a USCIS office, with an attorney present if you wish. Your spouse will receive either permanent residence or conditional residence which expires after two years unless renewed , depending on the length of the marriage. For example, two Italians can marry on a weekend in Las Vegas and return to Italy. You can count on filling out several forms!
The attorney can help determine chances of success for remaining in the U. This should not be a problem, since the supreme court ruled in Obergefell v. Instead, you can price compare at the outset.
The married foreigner must plan to visit the U. Supreme Court overturned a piece of federal law called the Defense of Marriage Act DOMA , same-sex marriages are treated like any other marriage for federal immigration law purposes. Call us to discuss if you have an interest in working with our offices on case processing. In fact, you should avoid at all costs having your spouse leave the U.
If not, the waiting period changes to five years. Be careful when considering how to properly cross into the US and proceed with immigration filings or there will likely be problems. Hodges that no state may ban same-sex marriage. US Immigration is not an interest.
Posted by: Yozshujas | on October 2, 2012
Some of the more common questions are addressed below. Each visa has a particular purpose. It is not necessary to have any immigration status in the U.
But such situations are rare. Of course, that doesn't mean you should go with the cheapest attorney you find. The person's immigration status - legal or not - has no bearing on whether your marriage will be recognized as legal.
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