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A marital relationship is an essential element for the spouse of a foreign national working or living in the United States. Suppose a qualifying marital relationship can be shown. In that case, the spouse of a foreign national on an E2, L1, H1B, TN, or any other non-immigrant visa in the United States can obtain dependent visa status. We discuss the viability of a Canadian common-law marriage for US immigration purposes here.
Contrary to popular belief, the vast majority of undocumented immigrants inside the United States entered legal immigration status and then overstayed their status. Many enter as tourists, students, or non-immigrant workers. When their visa status expires, they simply remain in the United States and overstay their legal admission by months, years, or even decades. Thus making them undocumented or illegal. In some cases, the foreign national develops a relationship with a US citizen that leads to marriage. We discuss the process of going from a visa overstay to a green card through marriage here.
Most people are familiar with the K-1 fiancé(e) visa or 90-day fiancé(e) visa used to enter the United States to marry a US Citizen. A fiancé(e) visa is not the only way to enter the United States for purposes of marriage. In fact, a fiancé(e) visa is only required if your intent is to marry and remain permanently in the United States. Learn about how you can enter the United States to marry a US citizen as a temporary visitor.
Arrive US Immigration Law Podcast – Episode 17 – In the most recent episode of the Arrive Podcast, we discuss what types of evidence are used to prove that a marriage is “bonafide” for U.S. Immigration purposes. You can watch the episode here on YouTube or listen wherever you find your favorite podcasts.