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cyborgirl

Can you just visit the states on a visitor or business visa if you are married to a USC

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Filed: Country: Sri Lanka
Timeline

Hi, this is my first time on VJ and would really like to hear what others advice might be on me and my partners situation. I am a USC with a dual citizenship to Sri lanka, and my partner is Sri Lanka. I am currently in Sri Lanka but will be returning to grad school in november. Me and my fiance would like to get married this year before I leave to the states, and we are hoping that he can come visit the US with when I go in November for about 6 weeks. He is a CEO of a company here and does not plan on moving with me to the States any time soon (next year and a half atleast), but he does plan to visit me often in the states and also come for business visits to the US. First we thought of applying for his green card, but it seems that if he doesnt plan on coming to the States any time soon this might not be really worthwhile a process.

So, in that case, should he apply for (and hope for a multiple entry 5 year) business visa or a visitor visa to come see me (and for his work with business partners). My question is would it be an issue at the port of entry that he is married to a US citizen but is not changing his visa status to K3 or CR1, or any other kind of visa to visit the states for whatever reason?

Should we not get married right away, and have him come visit the states at the end of the year and return to Sri Lanka, in order to show a history that he returns to the country of origin?

In the case that we do plan on going the green card way, and we do apply for the CR1, do we have to be married for a certain number of months in Sri lanka before he can come to the states? if we got married in September/october and applied for his CR1, how soon can he come to the states, Is there a maximum number of months he has to stay in Sri lanka? I heard something like 6 months.

I know this is a lot of different question but any suggestions or advice would be awesome!

Thanks!

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If he only wants to visit the US for the time being, then he should go the visitor or business visa route. He should have no issues with providing significant ties to his home country if he has a business and assets there which would show he would return.

If you want to get married there - go for it and best wishes. When he is ready to come to the US then you would file for CR-1 or IR-1 depending how long you have been married at the time you submit the petition for alien relative.

Before you look at talking about changing status (adjusting status) you will want to review the guides here on VJ and understand the entire immigration process. You must first submit a petition, then if the petition is approved he can apply for a visa.

Check out the guides and it should answer many of your questions about either finacee or spousal visa process.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

He can come and visit, just ensure that each time he enters the U.S. he brings strong proof of ties to his home country, these can include things like:

- Lease or mortgage papers

- Letter from Employer, stating when he is expected back

- Proof of funds to support himself when he is visiting

- Return ticket

You get the idea :)

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