Marriage while on U.S. visa

[aideai 2]

I didn't have clue where to post this. I'm just wondering what to do if I marry a foreigner with a active U.S. Visa in the passport. Am I still required to sponsor the person since she/he is already in the U.S. ? If anyone can point me the correct post area. Thanks!

[appleblossom 5,434]

25 minutes ago, aideai said:

I didn't have clue where to post this. I'm just wondering what to do if I marry a foreigner with a active U.S. Visa in the passport. Am I still required to sponsor the person since she/he is already in the U.S. ? If anyone can point me the correct post area. Thanks!

 

If you can give us a bit more info I can move your thread to the right place and people can help.

 

Are you in the US and if so, what's your status? What kind of visa is the other person on and when does it expire? 

[aideai 2]

I was born in the U.S.  The person is not a U.S. citizen, I'm interested in. Come to think of it their visa expires soon. So marrying a foreign citizen with expired visa. My question still is, since the foreign person is in the U.S, Will I need to sponsor for the foreign person after marriage. The person is already here.

 

In other words. We meet, decide to marry here ( U.S. ). Now the process begins here. Do I need to sponsor when we arrive at the immigration office? 

[appleblossom 5,434]

25 minutes ago, aideai said:

I was born in the U.S.  The person is not a U.S. citizen, I'm interested in. Come to think of it their visa expires soon. So marrying a foreign citizen with expired visa. My question still is, since the foreign person is in the U.S, Will I need to sponsor for the foreign person after marriage. The person is already here.

 

In other words. We meet, decide to marry here ( U.S. ). Now the process begins here. Do I need to sponsor when we arrive at the immigration office? 

 

We really need to know what kind of visa s/he is on, and when it expires, to give you accurate advice. 

 

But yes, you do need to sponsor. You don't go to an immigration office to do so though, that's not how it works. If you can give us the info we need on the current visa, then we can help you with info on which route to go down. 

 

How long have you been together?

Edited 19 hours ago by appleblossom

[Boiler 48,291]

Which visa?

[aideai 2]

It's a B2 visa. A student visa has now been applied for.

 

3 Years, but does that really matter? I have a friend that married with love at first sight. They still married after 30 years! Love doesn't use the calendar

[appleblossom 5,434]

8 minutes ago, aideai said:

It's a B2 visa. A student visa has now been applied for.

 

3 Years, but does that really matter? I have a friend that married with love at first sight. They still married after 30 years! Love doesn't use the calendar

 

It does matter, I wouldn't have asked if it didn't. 3 years is fine though, it's only if you just met a short time ago that it could have an impact. Love may not use a calendar, but USCIS certainly does. Your friend wouldn't have been successful with a visa application in all likelihood!

 

Student visa isn't likely to be granted with a USC fiancé/spouse. So ideally marry asap and then apply for her green card via adjustment of status - bear in mind that once the B visa expires, she's subject to deportation at any time, so you need to get things moving urgently. And just to confirm, she can prove that is wasn't planned i.e. has a job/house/other responsibilities to go back to in her home country? She didn't give things up and it wouldn't look as if this was planned before she arrived in the US? If there's any chance of that being suspected, she should go home and apply via consular processing instead, it wouldn't be worth risking with this administration IMO. 

 

For adjustment of status, follow this guide at the top of the page for the process - 

 

Good luck. 

Edited 19 hours ago by appleblossom

[Boiler 48,291]

She is going home top get a F1 visa?

 

How long has she been in the US?

[appleblossom 5,434]

**Thread moved to Adjustment of Status from Work, Student, & Tourist Visas**

[aideai 2]

It wasn't planned. Sort of like the first kiss ( usually ) isn't planned. Married for convenience? I'm sure it happens all the time. I won't give to much info here, because I'm sure ICE scours the posts here. Who knows? Maybe they will knock on my door tomorrow. 

[appleblossom 5,434]

5 minutes ago, aideai said:

I won't give to much info here, because I'm sure ICE scours the posts here. Who knows? Maybe they will knock on my door tomorrow. 

 

If her B visa is still valid then they won't. So just get married and file asap. 

 

Good luck. 

[Crazy Cat 45,810]

1 hour ago, aideai said:

It wasn't planned. Sort of like the first kiss ( usually ) isn't planned. Married for convenience? I'm sure it happens all the time. I won't give to much info here, because I'm sure ICE scours the posts here. Who knows? Maybe they will knock on my door tomorrow. 

There are guides here on VJ.  I suggest you study the appropriate guide and become an "A" student of the process.  The more info you provide here, the better help we can give.

 

The US immigration requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Good luck on your journey......and to answer your question, yes.  For a Green Card through marriage, the US spouse is always the primary sponsor.

Edited 18 hours ago by Crazy Cat

[aideai 2]

Just from my prescriptive. The way this website is setup is not to be desired. It is difficult to follow a thread. Also VJ does not notify by e-mail when someone has replied to my post.

 

There are always other options. K1 fiancee visa if the person returns to home country unmarried. 3 -6 months. At least that is what a friend that knows a few people that did it. FYI, you don't need a attorney to do it.

 

K3 married visa. One can still marry in the U.S. let the spouse return home, and file there. I have seen that happen in less than 2 months. I guess maybe the person at the consulate liked the applicant. Also if married here, even if ICE kicks the person out. They come back K3. All kinds of people getting kicked out now. I'm think of carrying my birth certificate on me

 

 BTW, K3 works if the american marries in the foreign country.

 

A number of countries that have religious persecution. ( well come to think of it, it's now happening the the U.S ) Asylum persecution immigration.

 

 

[Boiler 48,291]

I just received an email that you posted.

 

I forget how many K3s were issued last year, less than 10.

 

Your timelines are way off.

[appleblossom 5,434]

5 minutes ago, aideai said:

Just from my prescriptive. The way this website is setup is not to be desired. It is difficult to follow a thread. Also VJ does not notify by e-mail when someone has replied to my post.

 

It can do, but you need to select that option. 

 

5 minutes ago, aideai said:

There are always other options. K1 fiancee visa if the person returns to home country unmarried. 3 -6 months. At least that is what a friend that knows a few people that did it. FYI, you don't need a attorney to do it.

 

Yes, of course. You asked about getting married and your partner staying, hence the advice for adjustment of status. If she wants to return to her home country, then K-1 is an option, but 3-6 months isn't likely, figure9-10 months as a rough guide. You can check current timescales here - https://egov.uscis.gov/processing-times/

 

VJ is a DIY website, most don't use a lawyer, and generally the advice for spousal applicants is that a lawyer isn't needed unless there are complicated circumstances (criminal record etc). 

 

5 minutes ago, aideai said:

K3 married visa. One can still marry in the U.S. let the spouse return home, and file there.

 

K-3's are obsolete, it won't be granted. 

 

5 minutes ago, aideai said:

A number of countries that have religious persecution. ( well come to think of it, it's now happening the the U.S ) Asylum persecution immigration.

 

Again, the advice to go down the AoS route was given for your specific situation. Of course asylum might be an option for others, so are employment based visas, or investment based, etc, etc. But for you with a girlfriend you are about to marry, who is on a valid visa in the US and now wants to stay, AoS is the only option really.