Stuck in the US and Dating
Most states allow a foreign fiance to marry in the US even if they entered illegally. No matter your country of citizenship, all people are normally able to marry in the state in which he or she resides, regardless of immigration status. There are also neighboring states, or even Las Vegas, if the state you live in does not allow you to marry.
For example, not all states make it easy for same sex marriages or foreigners who are undocumented. You can find a state that will allow you to marry under every circumstance permitted by law.
Marriage Green Card
Once married, you want to obtain a green card based on the marriage. Immigration rules often allow foreigners to adjust status to a green card while remaining in the US, but not always. Many types of visas do not normally permit a stateside adjustment of status, such as C1-D crewmen visas. Entering without inspection at a US port of entry is a problem. Certain J1 exchange visas have home restrictions that must be honored. In other cases, the foreigner was in a lawful status, but now fell out of it, such as can be the case with F1 student visas or B1/B2 visitor visas.
Waivers are possible in many instances. Sometimes, stateside processing is not possible and the foreign spouse must process at a US consulate abroad.
The Immigration Plan
The first step is to be clear about your immigration history. We go over your I-94, the stamps or notations in your passport, and any other detail that are important pertaining to your entry. Some cases are more complicated than others. Immigration officers are not paid to be friendly; they are paid to find problems and limit immigration.
Normally, there is a way. So, don’t lose hope that you cannot move forward with your marital plans because your immigration history is complicated.
Stuck in the U.S. Due to the Coronavirus
Separation from your spouse with you in another country is something we want to help prevent, if possible. Some foreigners are dating in the US, and have children back home they want to include in the immigration process.
If you are dating, or engaged, or married, or if you think the relationship could lead the direction of marriage, a call to us can help clarify your options and keep your family together. Often, being a non immigrant you believe you have no option to stay because your visa stay is coming to an end and you must depart the U.S. But, that may not be true.
You want to be careful not to entrust your immigration options of becoming a valid U.S. resident on a service or company guaranteeing or making an idea of a valid status seem too good to be true.
Many are quick to provide opinions online, but when you are stuck or in trouble they disappear.
This normally is due to the fact that the person giving advice does not realize that your case and their case are not the same, even if they look sort of the same on the surface. Licensed attorneys must be knowledgeable and responsible or we won’t be licensed for long.
Checking in with a U.S. licensed attorney on what U.S. immigration options you possibly may have will help you understand how to move forward with your relationship. Know you very likely have options, and we want to help you understand them so you can move forward. We hope to hear from you.