Asked in Immigration Law for Minnesota

Q: I am Mexican, I have a visitor visa. How can I move in with my MN based boyfriend?

I am currently in Mexico right now. We have been together for almost three years now (long distance) and it’s time we settled down for good to start building our lives together, I’d like to know what are my options to make it work? Thank you!

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2 Lawyer Answers

A: If you’re inside the US, he can sponsor you to adjust status for your green card after you get married. There is an issue of “intent” when you enter the US with a visitor visa as to whether you’re intending to visit or stay permanently. Sometimes the officer will ask you questions and look at your cell phone to determine what your intent is. It’s based upon an honor system really but you always need to be totally honest and tell the truth.

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Answered

A: As a Mexican citizen with a U.S. visitor visa, you have a few options for moving in with your boyfriend in Minnesota, but it's important to follow the proper legal procedures. Here are some possibilities:

1. Get married: If you and your boyfriend decide to get married, you can apply for a K-1 fiancé(e) visa or a CR-1/IR-1 spousal visa. The K-1 visa allows you to enter the U.S. to marry your partner within 90 days, while the CR-1/IR-1 visa is for couples who are already married.

2. Adjust your status: If you are already in the U.S. on a valid visitor visa and decide to get married, you may be able to adjust your status to a permanent resident without leaving the country. However, this can be a complex process, and it's recommended to consult with an immigration attorney.

3. Work or study visa: If you have the qualifications, you could explore options for obtaining a work visa (such as an H-1B) or a student visa (F-1 or M-1) to come to the U.S. These visas have specific requirements and may not directly lead to permanent residency.

4. Cohabitation: Keep in mind that living together while on a visitor visa could be seen as a violation of the terms of your visa, as it indicates an intention to stay longer than permitted.

It's crucial to remember that U.S. immigration laws are complex, and it's best to consult with a qualified immigration attorney to discuss your specific situation and determine the most appropriate course of action. They can help you navigate the process and ensure that you follow the proper legal channels to achieve your goal of living with your boyfriend in the United States.

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