Immigration question: I'm a US citizen living with my Filipina fiancee in Philippines. We are visiting Virginia now; she is on a tourist visa, and we will return to Philippines April 27. I will have to return to US for medical reasons at some point 1-4 years from now, for a period of 3 months or more. We want to get married, but our main concern is to be together during my surgery and recuperation, and hopefully we will be able to then leave US together. We're wondering if, when the time comes that I have to return to the US for a while, should she be trying for a tourist visa? If so, would it matter if we are married at the time she applies for that tourist visa?
2 Answers from Attorneys
If you are married, then your wife probably will not be admitted as a tourist (B-2 visa), as the U.S. Government will assume she has immigrant intent. I'd suggest petitioning her for a greencard as soon as you get married, however, you would have to maintain (& prove) you are still domiciled in the United States, which appears might be a problem in your case. I'd suggest seeking legal representation if you plan on filing an immigration case for any prospective spouse, as long as you're still residing in the Philippines.
She can either apply for fiancee visa or green card if you are married. She can stay longer in the US under either way. We suggest you to consult with an immigration attorney to discuss your options.
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