When a foreign national working in the United States marries someone who is not from the United States, there are several potential scenarios and considerations that may come into play:
Immigration Status of the Spouse: If the foreign national's spouse is not already a U.S. citizen or a lawful permanent resident (green card holder), their immigration status will need to be addressed. Depending on the circumstances, the spouse may need to apply for a visa or other immigration benefits to be able to live and work in the United States legally.
Marriage-Based Immigration Options: If the couple intends to live together in the United States, the foreign national spouse may be eligible for a marriage-based green card. The process involves filing an application with the U.S. Citizenship and Immigration Services (USCIS), and it requires evidence of a genuine and bona fide marriage.
Adjustment of Status: If the foreign national spouse is already in the United States on a nonimmigrant visa, such as a work visa, they may be able to adjust their status to a green card holder based on the marriage, if eligible.
Dependent Status: If the foreign national is in the U.S. on a work visa or another nonimmigrant visa, getting married may allow their spouse to be eligible for a dependent visa status, depending on the type of visa held by the foreign national.
International Travel: If the foreign national and their spouse plan to travel outside the United States after getting married, they will need to consider visa requirements and possible re-entry issues when returning to the U.S. This is particularly important if the foreign national is in the process of adjusting their status to a green card holder.
Legal Assistance: Immigration laws can be complex, and each case may have unique circumstances. It is highly advisable for the couple to seek professional legal advice from an experienced immigration attorney to understand their specific situation and the best course of action.
It's crucial for the couple to follow the appropriate immigration procedures and ensure compliance with U.S. immigration laws to avoid any potential legal issues or complications. Failure to do so could result in immigration violations and even deportation for the foreign national spouse.