Can you get married and not apply for a green card if you don't want one?

Question

I know this is kind of a weird situation, but my finacee and I will be getting married soon and do not want to apply for a green card status yet. He lives overseas and has foreign earned income, so it would be easier to keep his non resident status. He has a visitors visa already that can allow him in and out of the states, since he is only here a couple of months a year. Can you be legally married and wait to apply for a green card status, or do you have to to apply right away? Ideally, we would like to keep his non resident status until he moves to the U.S. in a few years. Is that possible?

Answer 1

I see you want to maintain a non resident status because you are worried about paying taxes on his overseas earnings.  No problem because the first 100,000 or so earned overseas is not reportable.  Further, you don't need to file for the status if you don't want.  

If you marry, the date of marriage is the point at which USCIS begins counting the time frame for permanent resident status.  So normally a couple marry, and they file for conditional status due to marriage.  Then after 2 years they refile jointly for an adjustment of status to permanent.  Once permanent status is applied for their is a 3 year wait to file for naturalization, and right now that takes another year.  Because the entire process takes more than 6 years, many couples start immediatly.  But, for the 1st two year period no documents have to be filed.  Meaning that if you and your spouse apply for alien residence in 2 years then you just simply get a permanent resident alien card and wait 3 years before you could naturalize.    But if you were to apply in 7 years for permanenet resident alien status then again you'd have the same 3 year period.  

Also remember that until naturalizaed any alien can be deported for violating the conditions of their visa or resident card.  For green cards, any act of moral turpitude (stealing, drugs, terrorism, gangs, etc) is an act that can be deportable.

Also, a US citizen can apply for their parents and siblings to come to USA.  So in many cases a immigrant files immediatly to ensure that as soon as possible they are a citizen so they can apply for their family to come to the US as citizens.

Answer 2

Of course it's possible. I was married overseas and have traveled back to the States with my wife (foreign citizen without a green card) several times. As the other answerer said; he'll need to be in the States and more often than a couple of months a year when you are ready to start the permanent resident process. But, there is no requirement for you to go now and somehow register your marriage in the US. The US accepts your marriage paperwork from wherever you were married.

Answer 3

Actually, you have to be in the country or planning to move to the country to get a green card anyway. You can register your marriage in the meantime I believe. If he can enter the country as a tourist or student it is probably better (for a number of reasons.)

My husband had his green card after we got married, but after we moved back to his country, he did not maintain it and lost it, but it did help since he doesn`t have to file for taxes every year (and he is no longer in the selective services).