Can leaving the country affect a person’s petition to become a US citizen?
I am a permanent resident and have a fiancée that is here on a work visa. He plans to travel outside the country, but first we plan to get married before he leaves would it affect his coming back into the U.S. if he leaves. Would it be better for me to first become a US citizen and then get married or can I become a US citizen after I am married to petition for his residency. His visa will not expire for another 4 years.
Answered By: Perez Immigration Law Firm
It should not affect his work visa if you get married. Also you can get married, file an immigrant petition for him and file for your citizenship. Once you become a citizen, you can notify USCIS that he is married to a citizen which will move his case up faster.
Answer Applies to: Tennessee
Replied: 10/27/2011
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Answer Applies to: Tennessee
Replied: 10/27/2011
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Answered By: Law Offices of Kenneth Wincorn P.C.
Yes, leaving the country may affect an application for naturalization, in some cases. Additionally, your fiancee's visa is not permission to remain in the U.S., only to travel to the U.S. from abroad and request admission at a port of entry. Your fiancee would have been presented with an I-94 card with a specific validity period. It is a very big problem to remain beyond that validity period for more than 180 days and then depart the U.S., if you want to return to the U.S. without incurring a penalty. Also, it is much quicker to petition a fiancee/spouse if you are a U.S. citizen versus a lawful permanent resident.
Answer Applies to: Texas
Replied: 10/26/2011
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Answer Applies to: Texas
Replied: 10/26/2011
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Answered By: Adam B. King, Attorney at Law PC
In principle it is much easier if you become a citizen first.
Answer Applies to: Idaho
Replied: 10/26/2011
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Answer Applies to: Idaho
Replied: 10/26/2011
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Answered By: Richard S. Kolomejec, Attorney at Law
I would recommend not getting married until after you become a US citizen (and after he enters the US). Then wait a couple of months before getting married. I can prepare the forms, file the paperwork and represent you guys at the interview. Entire process only takes about 3 months.
Answer Applies to: California
Replied: 10/25/2011
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Answer Applies to: California
Replied: 10/25/2011
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Answered By: Immigration Law Offices of Misiti Global, PLLC.
Yes it will matter. If you marry and they leave, they may not allow them to re-enter the country.
Answer Applies to: New York
Replied: 10/25/2011
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Answer Applies to: New York
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Grinberg and Segal
You can marry your spouse at any time. In general, it will not impact whether or not a petition is approve. The issue becomes filing for the immigrant visa. As you are not yet a citizen, your husband would need to wait for a visa to be available. This should not be an issue if he maintains lawful immigration status in the interim. However, if his status expires and he overstays, he will not be able to adjust his status unless you become a U.S. citizen. Once you are a citizen, your husband would not be required to maintain lawful immigration status so long as he last entered the country legally or remains outside the country while the petition is decided. It is also important that once you marry, he could have issues entering on his H1B visa. The fact that he has family ties may lead to a conclusion that he is not a non-immigrant, but rather an immigrant. You should speak with an immigration attorney in person to go over your specific facts before determining when to marry and how to approach the petitioning process.
Answer Applies to: New York
Replied: 10/25/2011
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Answer Applies to: New York
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ajay K. Arora, Attorney-at-Law, P.C.
H or L visa status allows for intention to immigrate to the U.S., so marriage will not interfere with your husband's (when you are married) H or L visa status. There is no advantage in sponsorship until you are a U.S. citizen.
Answer Applies to: New York
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: LAW OFFICES OF ALAN R. DIAMATNE APLC
If you marry before he leaves it can be a problem for him to return on his work visa unless it allows dual intent. The simplest way to deal with this case is to apply for citizenship and after being granted to then marry. If he is in the US, he can apply for adjustment of status.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Fong & Associates
It depends on the nonimmigrant work visa that he is currently using. Some allow for "dual intent", that is the intent to immigrate to the US and still have a "nonimmigrant" visa. If he does not have a dual intent visa, and he is married to a permanent resident or if you have already petitioned for him, then he may have a problem in entry or with extending his NIV.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/25/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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