If I’m a Belgian citizen and have been married to an American citizen for 5 months, what are my options to stay in the US and work?

When I got married, I was under the exchange visitor (J1) non-immigrant visa category. Last month I went back to Belgium for a couple of weeks. And now I am back just in the US under the ESTA visa, until next month, to visit my husband. We were planning on moving overseas at the end of the summer and not planning on asking for citizenship or anything like that, however my husband is now planning on staying here to work, due to a change of plan. So now I would like to know what are the different options for me now, in order to stay in the US legally and eventually work?

Asked on July 13, 2015 under Immigration Law, Louisiana


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will be able to start the immigration process but you have to wait at least 90 days before doing so.  That way it will not look like misrepresentation of intent at the time of entry, when you entered on the visa waiver, whcih does not allow for immigrant intent.

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