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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88764
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Dear XXXXX. My Fiance is a medical doctor and is on a fellowship

Resolved Question:

Dear XXXXX.
My Fiance is a medical doctor and is on a fellowship program in U.S, He has a H-Viza and really don't dare to leave the U.S for us to be able to get married.
We wonder if it is possible for me (an EU-citizen) to travel to the U.S on a visitory Viza to get married and then come back home to EU? Are we going to get in any trouble in the future if I apply for a H4 viza?
We would be grateful for an answer as we are very confused and don't know how to move on with our lives.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me.

Yes, you can travel from the EU to the US as a visitor to get married. This will not cause you any issues in applying for a H4 later. Additionally, you can apply for a fiancee visa ahead of time and get the fiancee visa issued or you can apply for a marriage visa once you are married. Furthermore, for marriage he can get permission from Immigration to travel under his H-1 visa to go back home to get married.

Thus, there are options for you to get married and eventually obtain your visa to come to the US to be with your husband.



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Customer: replied 1 year ago.

Dear XXXXX, Does it matter when after my arrival to the U.S we gett married? I am working here in Sweden and can not be off work for that long.


My Fiance is an Iranian citizen and he is very worried to leave the states and not being able to return to his work (as this has happen before to some iranian citizens on Student and working vizas)


 

Expert:  Law Educator, Esq. replied 1 year ago.
No, it does not matter when you arrive in relation to when you get married. Your marriage would remain valid and recognized in the US and then you can begin the spousal H visa process which can take 6-12 months to obtain.

As far as him leaving under the H-1 visa, like I said, he has to contact US Immigration to arrange for leaving prior to him doing so and get a readmission permit.
Customer: replied 1 year ago.

Thank you so much for your answers Paul.


We really don't want to get into any trouble.


Best regards

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. You will not get in trouble if you come in to get married on a tourist visa and then leave and he applies for the spousal visa. Similarly, he would not have trouble if he applies to Immigration for permission to leave the US and re-enter before he leaves.

Please do not forget to click excellent service feedback, as that is the sole way experts get any credit for the time spent with customers.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88764
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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