I often get ideas for article topics from cases I am working on, inquiries from prospective clients or past cases. I recently received a call from a prospective client about an important immigration issue that I have encountered several times in the last five years. The common situation involves a U.S. citizen who has a spouse or significant other who is a foreign national and does not have lawful permanent residency in the U.S. but spends at least half of her time in the U.S. with her spouse or significant other.
I am a US Citizen engaged to an Argentine - right now we both live in Argentina. In December of this year (2012) we will get married here in Argentina, and then plan on going to the states for the honeymoon and also to visit my family and celebrate with them since airfare costs makes it impossible for all of them to come for our wedding.
My fiance has a B2 visa which he used to visit the states for a few weeks earlier this year - March. He left long before the tourist visa expired. When we go for our honeymoon/vacation with family, he will use his B2 to enter. (It lasts for 10 years)
Immigration between the United States and Canada is not something that Canadians and Americans think about as much as people from other countries. This is largely because Americans and Canadians can move between each others countries so freely. However, this open border can create a false sense of security or give Canadians a sense that the U.S. immigration laws with respect to Canadians are different or special. In fact, while there are some special visa provisions for Canadians, U.S. immigration laws with respect to Canadians are otherwise the same as they apply to all other countries.
Thank you so much for your helping with my urgent immigration question!
In the interest of clarity, I’d like to offer a quick summary regarding the crux of my concern:
My wife of two+ years, an Indonesian citizen, arrived on a B2 visa into the U.S. together with me, a U.S. citizen, last April (2011) with the intention of staying for a period of 6-ish months and then returning together to Indonesia to work and live. In the meantime, we have decided to stay on here in the U.S. instead of returning to her country or to a third country.
I have a few questions regarding change of status.
I am a 28-year-old male from Belgium, currently on a F1 student visa. I came first to the US in March 2007 on a J1 visa (and DS-2019 form), valid for 1 year. I extended this visa (and received a new DS-2019 form) for another year (valid until March 2009.)
My girlfriend entered the U.S legally in Oct 2010 as a B1/B2 visitor. We got engaged in Jan 2011 and I applied for her K 1 visa in Feb 2011. I was wondering if it would be OK to get married while she is here and apply for an AOS? Would her intent at the time of entry be a problem?
I married to a US citizen in Dec 2010 in Taiwan. I then traveled in my previous B-2 visa this January (I can only travel during winter and summer vacation.) I am not intened to stay as my son is stay with my parents during my travel, and so does my job would end in July.
However, my husband asked me to stay and we both want a baby eagerly. I quit my job in early Feb.
I am a Non US Citizen/Perm Resident Physician with US residency training (completed on H-1B in 2004) and American Board Certification currently living in home country. I had to ask the US embassy in my home country by writing a letter in October 2010 about procedure for getting political asylum due to persecution I was facing. They replied asylum application is possible only for those present in US. Then six months ago I found a job in the US and applied for B-1 for job interview 3 months after I asked about asylum.