Jamaica, NY asked in Immigration Law for New York

Q: So here is my issue, my husband has a visitor visa for the usa but he visited me back in August 2019 and just went back

So here is my issue, my husband has a visitor visa for the usa but he visited me back in August 2019 and just went back this January 2020 . We got married December 2019 didn’t have a honeymoon so we are trying to go on one in March my question is that will it be a problem with him entering the USA . I live in America he lives is Grenada because of his business in Grenada he can travel as much without having to be in Grenada as much , he is more flexible than I am so I cannot travel As much as he could because I am a teachers assistant at a school for the Department of Education . Someone please help or give me an idea

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1 Lawyer Answer
Amanda B Cook
Amanda B Cook
Answered
  • Immigration Law Lawyer
  • Montgomery, AL

A: As long as he has a valid visitor's visa and follows the rules (you do not mention if he has ESTA or a B visa), and does not overstay or show any intent of overstay, it should not be too much of a problem. Especially if he has a history of entering and exiting on schedule.

HOWEVER - a word of warning, he should not just spend a mere two weeks out of the US and then turn around and come straight back, and stay the maximum amount of time allowed under his Visa. Border patrol will pick up on this when they look at his stamp entries, and could turn him around at port and deny further entry until your green card application is processed for him.

You need to decide who plans to move where, and where you want to start your lives together. Then one of you should begin the immigration process to the others' country. Because of his frequent travel, it would be wise to hire an immigration lawyer to help you with this.

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