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Immigration Issues/Married US citizen but do not intend to reside in US, for now

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Question
Hi Jack,

I entered the US on visa waiver and married my husband (a US citizen) in Chicago (within a week of my entry) on July 17, 2010. However, we both left Chicago on July 31, 2010, to work in Singapore. We do not intend to move to the US any time soon (probably for at least 5-10 years). However, we are in the teaching profession and we have every summer off to visit our family in Chicago. Would I still be able to enter the US on visa waiver until we are ready to move to the US? I heard about the K-3 but it does not make a lot of sense since I am not planning to immigrate. Thanks much!

Answer
Hello Gladys,

If you have become a citizen of Singapore, then you can still use the visa waiver to enter the US.  If you come from a country where there is visa waiver, you can also visit the US on the visa waiver like you did before because you did not violate the terms of your visa waiver privilege.  You can continue to use the visa waiver to visit family in the US for no more than 90 days.

Be sure to bring documentation of employment in Singapore for the Custom agent if inquired.  Because your husband is a US citizen, you are presumed to have the intention of immigrating to the US until proven otherwise.  The employment docs will show that you are working in Singapore and for sure have no intent immigrate.

You don't need a K-3 visa, that's for the spouse.

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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