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Marriage in America, then spouse is in home country

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Dear Community,

I have the following situations and would appreciate any feedback!

I, a Hungarian citizen, am intending to marry my American citizen fiancee. Right now I'm on a J1 visa without the two-year home residency requirement. My visa expires at the end of June and we plan to get married in the 30-day grace period, the extra time which my visa allows to stay in the US after the expiration day.

Now, after we marry (in July), we plan not to to file for adjustment of status, but leave the US (in August) and look for employment for my (then) wife in Hungary, where I have a job. Should we fail to secure her a job, she would come back to the US and file (in September) the I-130 petition for me. The reason we would not file for AOS is that right now I don't have immigration intention, both of us want to go to Hungary and get her a job. If we don't find her a job, then I will have immigration intention, and we would do the CR-1 route, with the non-US citizen not living in the US (me).

My question is the following: could it raise any eyebrows that I marry in the US and then leave it quite soon after the wedding? My wife would be coming with me, but she would go back to the US if she can't find a job. So could the fact that we didn't file for AOS, and then get ourselves separated that soon after the marriage mean that our marriage is not bona fide in the eyes of the US (USCIS or NVC or visa interview)? What if we marry in Hungary instead, would that make it better or worse?

Thank you so much!

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I think you marrying in the US then moving to Hungary will be a nice change for them. :)

It doesn't particularly matter where you marry.

Good luck on your marriage and job hunting!

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived


* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Nothing with your plan sounds unreasonable and you shouldn't have any issues applying for CR/IR later in the game. For the USCIS it will make no difference if you marry in the US or Hungary.

Congrats and good luck wherever the two of you end up!



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