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Difference between marrying a US citizen in the USA vs marrying outside of the USA (between a Non-US Citizen and a US Citizen)?

New York, NY |

The couple (one NON -US citizen, one US citizen) living in the USA. the Non-US citizen has overstayed its VISA more than a year to stay with the US citizen. the couple isn't ready for marriage yet. The couple wants to leave the country and live together. Once the couple marries in another country, will the non-US citizen have the right to come back to the USA? will the paperwork be the same as if they marry in the USA? will the overstay be an issue for the non-US citizen (even though he is now married to a US citizen)regarding admission in the USA?
If you have any link that addresses those question, I would also appreciate.

Attorney Answers 4

Posted

If the non-US citizens leaves the US at this time, they become subject to the 10 year bar and will require a waiver. Process becomes very different. Strongly advise a personal consultation with an experienced attorney.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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6 comments

Asker

Posted

to let the Non-US citizen know that it is in his/her interest to stay in the USA till she marries a US citizen.

Asker

Posted

that is what that couple has been told by 4 immigration lawyers

Irene Vaisman

Irene Vaisman

Posted

maybe you should start listening

Asker

Posted

So you are saying the non-citizen shouldn't leave before marrying the US citizen?

Irene Vaisman

Irene Vaisman

Posted

the non-citizen should not leave until she gets her green card, just because she gets married, it does nothing for her

Asker

Posted

Are you saying the Non -US Citizen can't even leave the country between the time it marries in the USA and the time it gets the green card (5 or 6 years, right?)

Posted

If the non-citizen departs the United States after overstaying for more than a year, he or she would trigger a ten-year bar to admission. This means the non-citizen spiuse will be bsrred from admission for a ten-year period which begins to run as of the day he or she has left the United States. This ten-year bar can be waived upon demonstrating a qualifying relative (i.e. the citizen spouse) would suffer extreme hardship. Approval of this waiver is discretionary. As such, the process will be dramatically different if done outside the United States.

I encourage the couple to consult an experienced immigration attorney prior to making any plans to depart the United States.

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4 comments

Asker

Posted

how different will the process be? if the non-citizen marries in the USA it will become a Citizen in months but if it marries a US citizen outside of the USA it will not be allowed in the USA for 10 years??

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

The process is different because the non-citizen will be subject to a bar to admission. This requires a waiver to be approved before an immigrant visa can be issued unless of course you wait outside the United States for ten years. The waiver can only be approved if your spouse would suffer extreme hardship, which is more than separation. If you apply for adjustment of status in the United States, you do not need to file a waiver as the ten-year bar is only triggered upon your departure. USCIS is current adjudicating marriage-based adjustment of status cases in approximately 6 months. If your application is approved, you will be granted lawful permanent resident status. You will not be granted United States citizenship as the first step to citizenship is to become a lawful permanent resident. Again, I advise you to consult an experienced attorney before making any plans to depart.

Asker

Posted

ok, thanks for that addition. You then apply for the green card, live in the USA for 5 years and then you become a US citizen, right? How about work authorization? I you are required to stay that long, you must be given right to work (earn money) in order to survive, right?

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

You may be eligible for naturalization after three years if you are still married to your U.S. spouse and living together. A lawful permanent resident is eligible to work in the U.S. and does not require employment authorization. You may be eligible for moment authorization while your application for adjustment is pending; however, employment authorization is a benefit not a right just as is lawful permanent residence is regardless of who you are married to.

Posted

Marrying in the US = possibly being able to have a simple straightforward case.
Marrying abroad = triggering a three or ten year bar from returning to the US and therefore requiring waivers that may or may not be granted.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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1 comment

Asker

Posted

Here we go! Pretty clear! So when does the Non-US citizen get the right to work after marrying?

Posted

Marrying in the US is always preferable vs. marrying abroad. Meet with an attorney to explore all the differences and possible pitfalls. Good luck.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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