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If i marry a foreign national while outside US, ( citizen),

if i marry a foreign...
if i marry a foreign national while outside US, (I am US citizen), until I bring her to the US, I do not do any paperwork for her while I am overseas right?
But if I come to US, we must apply for immigrant type of visa for her necessarily? Or it can be non immigrant type too? I ask because I may come to US with her for a year or two but then I will return back to overseas. So I do not want her to have green card and become responsible for US taxes all her life, just because she lives in the US for 1-2 years etc....
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Answered in 3 hours by:
10/16/2017
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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I've reviewed your question and I'm happy to help, give me just a few minutes to finish typing my response, thanks!

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In order for your wife to come to the US, she would need a valid visa to enter the US.

This means that you have to fill out the application and have an approved visa before coming to the US.

Since you will be married, the available option would be to petition for a spousal visa (ie. permanent resident card) for her.

If you are trying to avoid that for some reason, then the only other option would be for her to petition for a B2 tourist visa. Stays under the tourist visa are usually granted for up to 6 months at a time.

Which means that if your wife obtains a B2 she would have to leave, then come back through inspection to re-enter.

The only problem with this is that she may have difficulty obtaining a tourist visa if immigration authorities note that she is married to a US citizen -- that is, they may suspect her stay is the US is not temporary (as required for the tourist visa), but that she may actually intend to stay permanently.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 6 months ago
okay thanks, ***** ***** we CAN apply for that tourist visa right? i mean applying for green card is not our only option correct? and then, if they do not give it for some reason, we apply for spousal visa and they must give it anyway correct?
Customer reply replied 6 months ago
if tourist visa, she can stay 6 months in a year? or she lives 6 months then goes to canada and returns next day and can live 6 months again?

Yes, that's correct.

You still can apply for the tourist visa, and if denied, can apply for the spousal visa.

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Customer reply replied 6 months ago
her total stay under tourist visa can be maximum 6 months in a year?

As to whether she can leave and return, it depends on whether she gets granted a single entry or multiple entry tourist visa.

When she arrives at the US, the CBP officer at her port of entry will tell her the approved length of stay she's being granted to remain in the US on her trip. She is allowed up to 6 months, and that's usually what is granted by CBP.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Customer reply replied 6 months ago
okay so if it is a multiple entry visa, she can stay upto 6 months each time she enters, but there is no limit to how many days can she stay in the US in a year then? so as long as she does not exceed 6 months and leave US for 2 days and come back, she can stay in the US more than 6 months a year in total? i mean there is no 6 months a year maximum limit thing as far as the total number of days allowed to stay in the US?

She can stay up to 6 months each time IF that's what the CBP officer grants at the airport, but yes, that's the maximum stay she could potentially be granted.

As far as leaving for 2 days and returning -- she could run into some problems there. CBP will most likely suspect that she is attempting to reside in the US, or at least have some questions for her as to the reason for the length of her stay, why the short time away and a return to the US so soon, etc.

Again, the best way is the spousal visa, but you can try the tourist visa as well, you just need to be aware that she could possibly be given a shorter time span allowed for her trip, and she could potentially be refused entry upon her return if CBP suspects she does not genuinely intend a temporary stay in the US, but something more permanent.

I hope that helps clarify!

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 6 months ago
But tourist visa has no limit of 6 months a year right ? We will not do 2 days leave and return anyway and i plan to live again in the US not more than 1-2 year anyway. She can come, stay with me few months then leave few months then come again. So no limit of 180 days a year correct ?
Customer reply replied 6 months ago
I do not prefer immigrant visa. Because if she gets it, then wheh we leave US, what will happen. She must go back to keep green card every 6 months plus wr must make taxes for her to US all her life. Spousal visa doesn't make sense for out situation
Customer reply replied 6 months ago
I do not prefer immigrant visa. Because if she gets it, then wheh we leave US, what will happen. She must go back to keep green card every 6 months plus wr must make taxes for her to US all her life. Spousal visa doesn't make sense for our situation

Correct, there is no limit on the tourist visa of 6 months a year.

Hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,598
Experience: Managing Attorney at a Law Firm
Verified
Nisha Jones, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 6 months ago
Okay, and if they do not give the tourist visa for her, then the only remaining method is the immigrant visa ? And in thst case, how long does it take? As soon as it is accepted as embassy, she is in immigrant status now and she can enter to USA anytime ? But at that point is she considered to have green card or not? Because as i said, i plan to stay with her in the US max 1-2 years and then again leave and this time for good. So while we wait she will take green card, or it takes longer than 1-2 years, and when we return abroad if we do not continue her application it will cancel automatically ? And if it cancel her green card or it cancels, then if she wants to come back to US, she can still apply tourist visa right ? I will rate you after this and thanks for the great help
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