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US Citizen marrying Australian on E3 Visa, Re-entry problems after honeymoon?

Asked about 3 years ago - Fort Worth, TX

I'm a US citizen, my fiance is Australian here on a E3 visa. We intend to marry in June 2009 and go on a honeymoon overseas. Are there any potential problems we should be aware of when we return from our trip to the US? Will he be questioned about our relationship?

I understand that I won't be processed by immigration along with him since he is a non-citizen. His visa is in proper order and is not due to expire until January 2010.

Thank you.

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Attorney answers (1)

Dilipkumar Patel

Reputation Level 8

Answered almost 3 years ago. Immigration Attorney in Tampa, FL.

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This is something about which you should consult an experienced immigration attorney in more detail. The potential problem is that the E-3 is a temporary visa and the person seeking entry or reentry in E-3 status has to have the intent to remain temporarily in the US. If he is married to a US Citizen, the implication is that he wants to reside here permanently. The attorney will need to discuss with you the possibility of the risk materializing at the time of entry — and the consequences. I assume that you may want to apply to process Permanent Resident Status for him — if so, the timing of the application will be very important. If he leaves the country after he applies for his adjustment of status, the application will be deemed abandoned unless he receives a travel permit (called “Advance Parole”) BEFORE he departs. It may take 60 to 90 days to receive the Advance Parole.

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