United States: Information on the right of the spouse of a United States national to reside in the United States, particularly after the marriage is impugned
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 November 1992 |
| Citation / Document Symbol | USA12026 |
| Cite as | Canada: Immigration and Refugee Board of Canada, United States: Information on the right of the spouse of a United States national to reside in the United States, particularly after the marriage is impugned, 1 November 1992, USA12026, available at: https://www.refworld.org/docid/3ae6ac1724.html [accessed 2 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The information that follows was provided by a consular officer of the Consulate of the United States in Ottawa (2 Nov. 1992). Although this response may not use the exact legal terminology employed in United States immigration proceedings, the terms used below were used by consular officials to explain the subject.
In principle, a person who marries a United States national has the right to reside in the United States. The United States national, however, must file a petition at a United States consular or immigration office to request a residence visa for the spouse or fiancée. After the petition is processed and the visa is issued, the foreigner will be legally entitled to reside in the United States. The visa given to the foreign spouse or fiancée is conditional; if the authorities discover that the marriage was fraudulent (for example, carried out with the specific intention of obtaining a residence visa), the visa will be cancelled and the right to reside in the United States will be denied. The conditional status of the visa is dropped after the United States national and the foreigner have been married for two years.
Additional and/or corroborating information could not be found among other, non-government sources currently available to the DIRB.
Reference
Consulate of the United States of America, Ottawa. 2 November 1992. Telephone Interview with Consular Officer.
