My Fiancee is a Cuban national living in the USA. Help

Hi all,
I would be greatfull for the most accurate information you can give me as this will be a major life change for me. My Fiancee is a Cuban national presently living in the USA, we are getting married this year and i want to live and work in the USA with her. My intentions is to buy a truck and drive for myself to support us both, is this possable? Also she tells me that as a Cuban national her spouse is entitled to the same rights as someone who marries an Americian citizen, its not that i dont trust or believe her, but i need to be 100% sure as i shall be selling everything i possess here in Ireland and it wont be as simple to return. Please help me with this as i am so looking forward to getting married and being with my future wife. Thanks.

See the Cuban Adjustment Act of 1996. To be sure you'd really need to consult a US immigration attorney.

Hi there,

You should not have any problems as a Cuban national and his/her spouse are entitled to permanent residency (Green Card) as per the Cuban Adjustment Act. The above mentioned law has prevalence over other immigration rules, so the simple fact of being married to a Cuban will allow you to settle in America.
Cubans are usually paroled for a year and after that period the Green Card is granted. By the way, you are entitled to work during that period and that year counts towards your citizenship time requirements.
I am Cuban but living in the UK.
Good luck!

Hi again,

Just to add some elements to my previous reply. According to the USCIS website, the following rules apply to dependents of Cuban nationals 'readjusting' their status.

Dependents . The spouse or child of a qualifying Cuban applicant may also seek adjustment under section 1 of the Act regardless of his or her nationality or place of birth. He or she must, however, meet all the other eligibility criteria stated above, and must reside with the principal applicant. See Matter of Bellido , 12 I. & N. Dec. 369 (R.C. 1967) . It is important to note that this is a very different standard from the one relating to spousal visa petition proceedings, where a petitioner need not prove marital viability, but rather that the marriage was valid at its inception.

The adjustment of the spouse or child can not precede the adjustment of the principal applicant; the adjustment must be completed at the same time as, or subsequent to, the principal's adjustment. Matter of Coto , 13 I. & N. 740 (BIA 1971). In addition, the qualifying relationship may have been created before or AFTER the principal's adjustment. Matter of Milian , 13 I. & N. 480 (A.R.C. 1970) .

Finally, the spouse or child of a Cuban applicant is adjusted as an unconditional permanent resident, regardless of the duration of the qualifying marriage. The restrictions of section 216 of the Act do not apply.

This clearly gives a green light to file a petition under the CAA. So, check the USCIS website if you require further details on how to proceed. For Cubans, it is quite expedite to get residency.

Hope this helps.

So the OP travel to the US under the VWP, marry, and legally adjust status? The text of the Cuban Adjustment Act is not clear on this. This is why I think he should consult an immigration attorney.

Hi Wayne,

I have e-mailed a friend regarding your question. He is a lawyer in NY and will be able to clarify this. As soon as I get a reply, I will let you know. Sorry for my delay in posting but I have been quite busy.

Best,
D.