New York, NY asked in Immigration Law for New York

Q: My BF wants to get married in France, (he is french) with my tourist European visa, is this possible or it is illegal?

I'm Colombian and my bf is French and we live together in NYC. He will have to go back to France soon and we would like to get married there. We have been trying to find information about how to doing so but we are not sure if it is possible to get married on the Schengen permit.

I'm a refugee here in the USA and can't travel back to my country to get a long-stay visa.

Any advice on this?

Thanks for your help

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: I agree with you. This is a challenge! You must have a Refugee Travel Permit and that can take a lot of time. Otherwise, you cannot return to the U.S., without lawful permanent resident status, which you 'may not' have. How long have you been a refugee? Have you ever filed for adjustment of status?

In addition, your French boyfriend can be summarily excluded during pre-board inspection in Paris, or elsewhere, upon his return to the U.S. as your husband. It can be presumed that he has immigrant intent for the purposes of the visit, so he can even have his ESTA waiver rights indefinitely cancelled, be found to have committed visa fraud, and be indefinitely banned from living and visiting in the U.S.

This is a problematic situation unless you somehow decide that you will never return to the U.S., again. I strongly recommend an appointment with a competent and experienced immigration attorney before he leaves the U.S.

The above is general information, not legal advice, and does not create an attorney client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.