Marry non US person here but both reside outside

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cafeconleche

Registered Users (C)
Not sure where to put this query. A US citizen friend of mine living in Europe with his EU citizen girlfriend want to get married in the US but continue to live in Europe. They both just entered the country separately and will get married in a couple of weeks and then leave separately. There's no intention of getting her a GC or anything at this time. BUT, she has and will continue to visit the US at least every other year on the VWP. This has never been a problem so far. Will it now? She doesn't always travel at the same time as he does, and they have never actually entered the US together before, though she has visited him there when he was temporarily living in the country. CBP never batted an eyelid. She has ties to Europe at this time. I hope given her travel history and where they both live, she'll be ok.
 
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As long as no I-130 is filed, it should not be a problem. That said, does the USC have a qualifying employment situation for the alien spouse to be considered for natz under INA 319(b)? An I-130 would still be required first but IF it is an option, they should at least know about it.
 
Thanks BJ5. That would be employment with the government and a few other cases? Not that I'm aware of. So, if he were to get such a position, and if they then decide to pursue her I130 with the intention of naturalisation, nothing needs to be done at this moment, correct? It would be a great scenario, but I don't think they're even bothered about getting her an immigrant visa at this time. Maybe in 2-5 years.
 
cafeconleche said:
Thanks BJ5. That would be employment with the government and a few other cases? Not that I'm aware of. So, if he were to get such a position, and if they then decide to pursue her I130 with the intention of naturalisation, nothing needs to be done at this moment, correct? It would be a great scenario, but I don't think they're even bothered about getting her an immigrant visa at this time. Maybe in 2-5 years.
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In the future, IF a greencard is sought, the USC will need to consider the requirements for an I-864 first. The I-864 requires sufficient income/assets and U.S. domicile.
 
Oh yeah, I remember that. I'll let him know. His parents' domicile is essentially his permanent address. I guess he'd have to find some guarantors for the income and assets. Anyway, they'll be relieved that for now, they can go ahead and get married. Thanks again.
 
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