The immigration techniques having a foreign partner life abroad may sound much time and you will challenging, and people have a tendency to wonder if there is a method around they. Either, couples believe that it might be easier and you will less in case your foreign resident pertains to the united states on the a great visitor’s or website visitors charge, marries ist BravoDate eine echte Dating-Site the fresh You. Getting people that are currently partnered, you will find an urge into foreign companion to come to the us just like the a travellers otherwise site visitors and you may to change their own reputation in the usa. Although not, this should be hazardous and also have extremely serious consequences to own new foreign partner’s immigration.
Immigrant Intention
That possible challenge with overseas spouses trying to obtain non-immigrant visas and you may/otherwise go into the United states having fun with such low-immigrant visa or on Visa Waiver System is the therefore-entitled “immigrant intent”. A person who applies to own a low-immigrant charge have to show that he or she does not have “immigrant intent”, meaning that she or he does not intend to stay in the united states and you will reside in the usa permanently.
Because of this, the foreign-resident lover is almost certainly not in a position to located a non-immigrant visa to go to the united states when you are their unique immigrant petition are pending. The fact that brand new applicant to own a vacationer otherwise visitor charge is actually married in order to an excellent You.S. resident, particularly if he or she already have a beneficial pending immigrant petition, creates a presumption out of “immigrant purpose”, that renders the new candidate almost certainly ineligible for a non-immigrant charge.
Similarly, U.S. Lifestyle and you may Edging Safety (CBP) inspectors can get refute usage of the usa to help you a non-immigrant charge manager for the same cause – presumed immigrant intent because of wedding if you don’t engagement that have good U.S. citizen or environmentally friendly-cards manager.
A foreign spouse seeking to enter the All of us into an effective legitimate low-immigrant visa provided prior to the marriage might be be rejected entry, whether or not it surfaces that he / she was hitched in order to a beneficial U.S. citizen, hence starting an assumption out-of “immigrant intent”.
Overseas spouse of a U.S. resident might possibly receive a low-immigrant visa to go to this new U.S., if she or he could possibly show that the guy or she cannot already decide to immigrate into You.S. Eg, if one another spouses live and you will functions overseas and you can decide to get back to their country of quarters after a short-term trip to this new Us, the newest international lover might be able to obtain a visitor’s visa.
Visa Waiver Program
In case your overseas companion does not need a charge to get in the usa – such as for example, he’s of a nation participating in the latest Visa Waiver Program – it may seem that he or she can also be go into the Joined Claims and you will to evolve updates considering their unique wedding so you’re able to the new U.S. resident. Although not, a tradition and you can Border Patrol officer inspecting this new international partner at the U.S. edging normally refute him or her admission on the You.S. to the Charge Waiver System, in the event the manager identifies your foreign companion enjoys immigrant intention.
Basically, whenever men gets in the usa towards Charge Waiver System, he could be stating intent to exit contained in this 3 months. This is why, a charge Waiver entrant perform generally not be able to file having modifications out-of status, actually into the let ninety days away from sit. However, there was an exception to own processing while the an immediate cousin, such as companion, off an excellent You.S. resident.
Preconceived Intention
When your foreign partner comes into the us given that a non-immigrant, or because of Visa Waiver Program, right after which aims to regulate status, he or she get come across troubles from the so-called “preconceived purpose”.
