Often, foreigners who are in the U.S. want to spend the maximum time with a loved one. Entering the U.S. repeatedly as a visitor can raise suspicion by a border agent that the foreigner may be dating in the U.S. and also may have a desire to eventually immigrate.

Here is an example of a visitor from Morocco dating a permanent resident green card holder. There can be a variety of solutions, but here are some suggestions.

Question

I am Moroccan with visitor visa. I am in relationship with a non citizen man, he will be citizen in 2013. We are thinking to get married soon, but he will not apply for me until he get his citizenship. Is that can be a problem for me to go out of U.S. and come back? If yes, what the solution? Thank you.

Answer

Khadija, Since you are engaged to a resident of the U.S., there can be problems visiting the U.S. There is a risk you may overstay your welcome and not depart the U.S. when your stay as a visitor comes to an end. Even if you were not engaged to a U.S. citizen, still your entry as a visitor can be blocked at anytime. Visiting the U.S. is never a guaranty.

Statistically, the more time a foreigner spends in the U.S. the more likely it is that the foreigner may have immigrant intent. A visitor visa is for visiting only, not for remaining in the U.S.

There are two things you might consider doing.

• First, consider not marrying until your fiance is a U.S. citizen. Keep your relationship easygoing for the moment. A marriage is a more serious than dating. When traveling as a visitor, it becomes more important to disclose to a border agent that you have a husband in the U.S. Boyfriends are less important. Each relationship is different. If you keep the relationship not so serious at this time, then it is less important to disclose it when entering the U.S. as a visitor unless specifically asked about dating relationships.
• Second, don’t spend the maximum time in the U.S. on any visit. If you are given a 6 month stay in the U.S., don’t stay the whole 6 months. Stay 3 or 4 months, depart the U.S. for 2 or 3 months, then return. This should allow you the best chance of returning to the U.S. as a visitor.

When entering the U.S., try to carry documentation with you to show you have strong ties to Morocco. Perhaps you have a job to return to or a home, or children. Things that will draw you back to Morocco help give assurance to a border agent you are only visiting the U.S. When on a visitor visa you should be only visiting, so bring evidence to show commitments back home.

Finally, always tell the truth to an immigration border agent. You are not required to volunteer information about your U.S. citizen fiance. You are required to answer all questions openly and honestly. If you are not asked about a romantic relationship with a U.S. resident, there is no obligation to tell. Obviously, if you are married it can be difficult to avoid mentioning a husband in the U.S.

If you simply want to avoid travel to the U.S. and remain in the U.S. until your fiance becomes a U.S. citizen, you might apply to change your status to that of an international student status. You would pay international student fees, and you must be honest on all questions on the application to change to a student status. The U.S. wants foreigners to pay international tuition to help support our educational system. If you have the money to pay, then a student status could be an option for you. I hope this information helps.

Kind regards,
Allan