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Immigration Issues/Temporary Visa for my Husband


I am a US citizen marrying my French citizen fiance on January 10th.  I will be returning to the states to work on my masters degree and want him to come live with me until I am finished.  Once I am finished with my education (2 years) we want to move back to Paris.  Since we are planning on moving back to Paris he will not be immigrating here.  What kind of visa do we apply for?

Well, he could just come over on the Waiver visa program, but that would be risky. He really has no intention to visit here, but wants to live in the USA for an extended period with his wife. As such the Permanent Resident Visa is the only visa that I know of.

Frankly, if all you want to do is have him stay here legally, maybe even work while he is here, you should rethink a few things about your plans. Getting married in France is a bad idea. Once you both are married, you will have to process the visa application through the US consulate, which could take a long time, and while you are waiting he will not be able to come into the USA (not even on the waiver program).  If on the other hand you wait to get married in the USA (have the party in France and make everyone happy, but just wait to get married when you arrive in the US by the closest judge you can find), you will then file for him here, and while you wait for the visa application, he will get a temporary work authorization and will be legal as long as he stays here (if he needs to leave he can easily get a permit that will allow him to leave and re-enter). If he really doesn't want the visa, he can simply not show up to the hearing.  I always hate to guess how long these petitions take to process since they change all the time, but it may take several years.

Good luck.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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