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Immigration Issues/my fiance's immigration


Both myself and my fiance who is from N. Ireland are going through divorces and plan on marrying in due course.  Once the divorces are final--I can apply for a fiance visa for him.  At this point, he's been coming over to visit for the 90 days the visa waver program allows and then heading back to Ireland.  The last time he came over here--Customs told him the next time he went back to Ireland he'd have to stay at least 3 months to show he was a resident of the country.  Is there any way that it can be worked out so he can stay in the US while the divorces and the applications are processed?

That's called preconceived intent and it could lead to a claim of immigration fraud.  Entry on the Visa Waiver Program is intended for short visit, not to bring a fiance to the US so that he can file for adjustment of status.  

The actual answer is that it can be done but if USCIS looks at the situation and sees preconceived intent there will be serious problems.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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