Jump to content
Travel

U.S. citizen marrying a person on student visa. Getting married outside of the U.S.

 Share

6 posts in this topic

Recommended Posts

Filed: Timeline

Hi,

I was looking for some advice regarding the following:

I am a U.S. citizen and my fiance is from Panama currently on a student visa attending college in the U.S. Her student visa expires in 2010. We are getting married in Panama and we have been together for over 5 years.

What would be the process to change her visa status so she can obtain a work permit and a greencard? Do we need to get married first in a U.S. courthouse? Should we get married in a courthouse before going to Panama or after? When should I start the process for change in status of her visa? If we get married in Panama without getting married here is her student visa still valid? Would it cause any problems in the process if we get married here first, then travel to Panama to do the religious ceremony and start the change in status once we come back from our trip?

I would appreciate it if anybody would point me in the right direction.

Thanks

Alex

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

I believe if she gets married outside of the US she will have to return to her home country and file from there..

dont quote me though...

AOS Timeline

12/05/2007 - Mailed AOS package

07/03/2008 - Received Welcome Letter and Green Card in Mail.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: China
Timeline

If you marry outside the USA, then you would be applying for a New visa, either a CR-1 or K-3 visa.

K-3 is not work auth, so can take 90 days or more to get work authorization EAD. CR-1 is a green-card visa, so gets green-card and is work authorized upon entry to the USA.

It would be much better to legally marry in the USA and then adjust status, and then travel once you have AP document in hand.

Read carefully this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Germany
Timeline

agreed, you should get married in the us, file for aos ap and ead and once your fiancee has her ap or gc you can go to panama and have the religious ceremony! when you get married outside the us you would have to file a new different visa (k3 or cr1) and your fiancee would have to wait in her home country until she gets the visa before she could reenter.

blackribbonsmall.png

R.I.P Diana

1982 - 2008

K1 Timeline

01/13/2007 Sent I-129F to TSC

05/03/2007 Petition approved!!!

08/23/2007 INTERVIEW

09/12/2007 Frankfurt - JFK - Baltimore, MD

09//28/2007 applied for SSN

10/16/2007 CIVIL MARRIAGE

10/31/2007 SS Card finally arrived

AOS Timeline

11/13/2007 sent AOS package with AP and EAD

12/19/2007 biometrics in baltimore

01/09/2008 AOS transferred to CSC

01/12/2008 CEREMONY & RECEPTION

01/16/2008 EAD and AP in mail

02/14/2008 card production ordered, approved without interview

02/22/2008 GREEN CARD in mail

I751 Timeline

11/19/2009 sent I751 to VSC

11/21/2009 received at VSC

11/24/2009 check cashed

11/30/2009 received NOA dated 11/23/09

12/15/2009 early bio walk-in failed....

12/16/2009 request to reschedule sent

01/04/2010 biometrics in baltimore being rescheduled

01/20/2010 new biometrics

03/24/2010 card production ordered, approved without interview

03/29/2010 10 year GC in mail

Link to comment
Share on other sites

Filed: IR-5 Country: Tunisia
Timeline
agreed, you should get married in the us, file for aos ap and ead and once your fiancee has her ap or gc you can go to panama and have the religious ceremony! when you get married outside the us you would have to file a new different visa (k3 or cr1) and your fiancee would have to wait in her home country until she gets the visa before she could reenter.

I was on a student visa when my husband (a US citizen) and I got married last year in July. Basically it is better for you to get married in the US and then apply for her to adjust her status from F1-student to Permanent resident. As part of the application you can file for an EAD which is an Employment Authorization document that will give her permission to work whilst her application for a green card is being processed. You can also apply for what is called Advance Parole which basically allows her to leave the US if necessary whilst her application for permanent residency is still pending. Once you have sent off the application for her to become a permanent resident, she no longer has the status of an F1 student but of someone who is adjusting their status. This is not a bad thing. She can continue to go to school whilst her application is pending if she wants to or once her work authorization (EAD) comes through (usually within 90 days) she can take a break from school and work full time or she can continue to go to school if she wants to. I have decided to take a break from school at the end of this semester because my husband has a lot of medical bills and it is better for me to work to supplement our income. My advice would be to start the ball rolling as soon as possible because the process can take anywhere from a few months to 2 years (depending on the case). Hope this helps a little.

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Mexico
Timeline

Indeed indeed, I was an F-1 and OPT student and I got married in the US for the same reason. I would advise to get married in the US. If you get married outside you will have to be apart for a longer time or if you are willing to be over there with him, it is up to you. He will not be able to return to the US on his F-1 status since his intentions are to stay in the US to live NOT study and that's contradictory being already married to a US Citizen he should apply for Adjustment of status. On the other hand, if you get married here, he changes his status to a pending Permanent Resident who after 3 months (Arrival of Employment and Advance Parol) will be able to work and travel outside the country. I don't know what is going to happen to his student visa though, I got married when I was already working and had graduated, I didnt have to go to class. He still has to wait for the Advance Parole, which usually takes around 3 months to arrive and then you will be able to travel to Panama and get married over there.

It is your desition.

Edited by GueraYTavo

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...