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Foreign National married to Citizen, doesn't want residency or citizenship

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westanza

Member
What is the name of your state (only U.S. law)? CA

When American Citizen marries a foreign national (who doesn't want US permanent residency or citizenship) in the US, which visa category should the foreign national use to enter and leave the US during visits after the wedding? Thanks.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? CA

When American Citizen marries a foreign national (who doesn't want US permanent residency or citizenship) in the US, which visa category should the foreign national use to enter and leave the US during visits after the wedding? Thanks.
Where do both parties intend to reside?
 

Proserpina

Senior Member
The US Citizen will continue to reside in the US. The foreign national will continue to reside overseas but hopes to visit their spouse in the US several times a year.
The reason why both parties have chosen this arrangement may be important.

Care to share?
 

Proserpina

Senior Member
OK fine. As long as the spouse does NOT intend to emigrate, they may indeed try to utilize the B visa or the VWP (depending on their country of origin).

Whether or not they can convince the officer when they disembark is another matter entirely; because there is no specific visa/permit which would impart immigration/visitation benefits to a non-resident spouse, that spouse would have to rely upon his/her ability to convince the officer at the desk that s/he does NOT intend to immigrate to the US at that time.

It's something of a risk.
 

westanza

Member
OK fine. As long as the spouse does NOT intend to emigrate, they may indeed try to utilize the B visa or the VWP (depending on their country of origin).

Whether or not they can convince the officer when they disembark is another matter entirely; because there is no specific visa/permit which would impart immigration/visitation benefits to a non-resident spouse, that spouse would have to rely upon his/her ability to convince the officer at the desk that s/he does NOT intend to immigrate to the US at that time.

It's something of a risk.
What proof can be used to convince the officer?
 

lizzcannon

Junior Member
Ties to the home country are what need to be shown. A good job is one of those. Property owned. Other family ties, especially children.

While I am an immigration attorney none of the above should be construed as legal advice but is simply a recitation of law or past experience. You should always consult with an attorney before acting on your case.
 

westanza

Member
Ties to the home country are what need to be shown. A good job is one of those. Property owned. Other family ties, especially children.

While I am an immigration attorney none of the above should be construed as legal advice but is simply a recitation of law or past experience. You should always consult with an attorney before acting on your case.
Thank You.
 

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