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.
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.
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.
In principle it is much easier if you become a citizen first.
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.
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.
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.
Yes it will matter. If you marry and they leave, they may not allow them to re-enter the country.
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.
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