The brand new immigration procedure to own a different companion lifestyle overseas may sound a lot of time and complicated, and people have a tendency to ask yourself if you have an easy method as much as it. Possibly, partners genuinely believe that it could be smoother and you can faster if for example the foreign citizen relates to the us toward a beneficial visitor’s or guests visa, marries the brand new You. To own couples who happen to be already married, there’s a temptation to your international companion to come quickly to the usa since a vacationer or site visitors and to improve their status in the usa. not, this would be harmful and then have extremely serious consequences getting the foreign wife or husband’s immigration.
Immigrant Purpose
One possible problem with international partners seeking obtain non-immigrant visas and/or enter the All of us playing with such low-immigrant visa otherwise on the Visa Waiver Program ’s the therefore-named “immigrant purpose”. A person who can be applied to possess a non-immigrant visa must establish that she or he doesn’t always have “immigrant purpose”, and thus he or she does not propose to stay-in the usa and you will live-in the united states forever.
Due to this, your own international-resident lover is almost certainly not able to discovered a non-immigrant charge to see the united states whenever you are his or her immigrant petition is actually pending. The fact that the newest applicant to have a vacationer otherwise guest charge are hitched so you’re able to an excellent You.S. citizen, especially if they already keeps an excellent pending immigrant petition, creates an expectation away from “immigrant intention”, that produces the fresh new applicant almost certainly ineligible to possess a non-immigrant charge.
Likewise, U.S. Tradition and you will Border Safety (CBP) inspectors can get reject accessibility the united states so you can a low-immigrant charge owner for the very same cause – thought immigrant purpose resulting from matrimony if not wedding which have good You.S. resident or eco-friendly-cards proprietor.
A foreign mate seeking go into the Us towards the a good legitimate non-immigrant charge awarded prior to the relationships would be remain rejected entryway, whether or not it surfaces that he or she was hitched in order to an effective You.S. citizen, thus undertaking an expectation out of “immigrant intent”.
International partner off a great U.S. resident is able to obtain a low-immigrant visa to visit the new You.S., if she or he might possibly demonstrate that the guy otherwise she doesn’t already want to immigrate on the U.S. Like, in the event that each other partners live and you may functions abroad and you will intend to come back on their country from household just after a temporary stop by at brand new All of us, brand new overseas spouse could probably obtain a beneficial visitor’s charge.
Charge Waiver Program
In the event your overseas mate does not need a charge to enter the united states – like, he is of a country doing the Charge Waiver Program – it may seem that he / she is go into the Joined States and you can to switch reputation considering their relationship to help you the fresh You.S. citizen. But not, a traditions and you will Border Patrol manager inspecting the international lover in the U.S. edging is also refute him or her entry for the You.S. towards Charge Waiver Program, if for example the officer find that foreign partner enjoys immigrant purpose.
Essentially, whenever a man enters the us to the Charge Waiver System, they are stating intent to leave inside ninety days. Thanks to this, a visa Waiver entrant would fundamentally struggle to file for variations regarding updates, even from inside the allowed 3 months out-of stay. Yet not, there clearly was a different for submitting because a primary cousin, such as mate, out of good U.S. resident.
Preconceived Intent
Whether your overseas partner enters the us due to the fact a low-immigrant, or thanks to Visa Waiver Program, and then seeks to adjust position, he or she could possibly get run into troubles by 
therefore-entitled “preconceived purpose”.