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Will my foreign spouse have the residency of the state that we are married in?

East Hartford, CT |

I am an U.S. citizen with Connecticut residency. I plan to bring my fiancé over to the U.S. from Hong Kong next year. I will be attending graduate school in Massachusetts for the next few years. If we get married in Massachusetts, will he receive residency from CT or MA? He is planning on attending community college in MA, close to where we live, so having a MA residency will be more beneficial to us.

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Attorney answers 5

Posted

State residency only really matters for Immigration as to where your interview will be conducted. - Connecticut is done in Hartford, Massachusetts in Boston. It goes by where the person is actually living. But other than that, CIS doesn't have anything to do with state residency. As to bringing your fiance from Hong Kong, that is something you will very likely need help with, and I urge you to retain a good immigration lawyer. It is very easy to unwittingly create problems with a fiance case (or marriage based case, for that matter) and it is always harder trying to get the case corrected than to do it right from the beginning.

The above is not legal advice. It is general information. I only give legal advice to those who have a retainer agreement with me. You may also seek further information on my website - http://immigrationlawyernewhavenct.com

Asker

Posted

Thank you for your answer! I'm currently in CT now and will go back to Hong Kong next summer to bring him over. If he obtains a travel visa and we get married in MA right after he arrives, would it appear as "suspicious" to the CIS?

Robert C Ross

Robert C Ross

Posted

I believe you have a mistaken impression as to what it takes to get a "travel visa". If he applies for a visitor's visa, to come marry and file for permanent residency, CIS will view this as fraud. If he says that he is engaged to a US Citizen, the consulate will deny the application as having "immigrant intent". You really need to speak to someone who understands the process, and with him coming next summer, this is the time to start this.

Posted

You would need to ask the college in question.

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.

Posted

Where you reside, is where your residency is.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

I agree with my colleagues. A fiance visa can be difficult to obtain and it would be best for you to consult an immigration attorney with your case. Where you have residence is dependent upon where you live.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

Asker

Posted

So should we get married in Hong Kong, take care of his status first, and then bring him to the US? Or should we get married in the U.S. and work from there?

Alexus Paul Sham

Alexus Paul Sham

Posted

Generally the process is faster if you marry in the United States. But again I advise you to retain an immigration attorney.

Asker

Posted

Thank you for your answer! How much does it cost usually/on average? Since we are both students and don't have the extra money...

Alexus Paul Sham

Alexus Paul Sham

Posted

There are fixed filing government fees for each application. Generally the government charges $1,500 for filing the forms. Since both of you are students you would probably require a joint sponsor to help you with application. Every case is fact specific.

Posted

Residence is where you actually live, as shown by either a state ID, or your lease, or other proof that you actually live there. For immigration purposes, the only difference is where you go to interview: Hartford or Boston. So I would not worry about the residence as much as I would about how to bring him over as a fiance, which is a detailed-oriented process for which you might consider getting attorney assistance.

This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.