wanting to get married but how and where?

[tokori 0]

My EU fiance is already in the US on a student visa which expires August 08. We have been living together since April, although only my name is on our lease since his assets are mostly still in the EU and at the time he was unemployed finishing his education my landlord only wanted to put me on it.. We also recently opened a shared bank account which we spilt expenses with blah blah blah..

We would like to get married and were originally planning on going back to the EU sometime next year to do it, however since have been told it would be easier for us to get married in the US if we are planning on staying in the states for the next 1-3 years.

However, I haven't been able to find much information online about how the process works when your fiance is already in the US on another type of visa?

Any thoughts? personal experiences etc?

thank you.

[pushbrk 12,232]

My EU fiance is already in the US on a student visa which expires August 08. We have been living together since April, although only my name is on our lease since his assets are mostly still in the EU and at the time he was unemployed finishing his education my landlord only wanted to put me on it.. We also recently opened a shared bank account which we spilt expenses with blah blah blah..

We would like to get married and were originally planning on going back to the EU sometime next year to do it, however since have been told it would be easier for us to get married in the US if we are planning on staying in the states for the next 1-3 years.

However, I haven't been able to find much information online about how the process works when your fiance is already in the US on another type of visa?

Any thoughts? personal experiences etc?

thank you.

Click on the word "Guides" at the top of any page on this board and follow the link you would if already married.

In short, as long as marriage to you and staying in the US was not his intention when he last entered the US, you can simply get married and adjust his status to permanent resident. Now that you are engaged, if he leaves before you marry, he'll need a fiance visa to marry and stay, or to marry abroad and obtain a spouse visa before returning to stay.

[yassmine2878 1]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

[pushbrk 12,232]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

Ugg. We seem to go through this at least weekly. It is not fraud to marry on a student visa, unless both marriage and remaining to adjust status was your intention when you last entered the US. If this now fiance was not engaged to marry or intending to marry when he last entered the US, he doesn't need to leave and pursue the K1 visa. They can marry and adjust status, just like your friends did. It might cause some extra scrutiny and questioning if the marriage takes place only a short time after the entry. It's easier to believe the decision was made after entry, when more time has passed but there is no fixed time. The key is not time, it is intention.

[tokori 0]

I should add that he originally came to the US in 2002 on a student visa to CA, then moved to NY when we met, still on a student visa then, and now.. until school ends next year. So it *should* be easy to prove he didn't come here with the intention to marry since we didn't meet until last year?

[~Nini~ 2]

I should add that he originally came to the US in 2002 on a student visa to CA, then moved to NY when we met, still on a student visa then, and now.. until school ends next year. So it *should* be easy to prove he didn't come here with the intention to marry since we didn't meet until last year?

If your fiance entered the US before he met you, then it'll be easy to prove that he didn't come into the country with the intent of using the visa specifically for marriage to you.

[rebeccajo 14]

I should add that he originally came to the US in 2002 on a student visa to CA, then moved to NY when we met, still on a student visa then, and now.. until school ends next year. So it *should* be easy to prove he didn't come here with the intention to marry since we didn't meet until last year?

If your fiance entered the US before he met you, then it'll be easy to prove that he didn't come into the country with the intent of using the visa specifically for marriage to you.

The bar which must be met is whether or not there was intent to immigrate on the last entry.

One can have that intent without having a specific spouse in mind to immigrate through.

[rebeccajo 14]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

Ugg. We seem to go through this at least weekly. It is not fraud to marry on a student visa, unless both marriage and remaining to adjust status was your intention when you last entered the US. If this now fiance was not engaged to marry or intending to marry when he last entered the US, he doesn't need to leave and pursue the K1 visa. They can marry and adjust status, just like your friends did. It might cause some extra scrutiny and questioning if the marriage takes place only a short time after the entry. It's easier to believe the decision was made after entry, when more time has passed but there is no fixed time. The key is not time, it is intention.

A K1 can be pursued while the intending immigrant is still in the States. They only need return to their home country to have their medical exam and interview conducted there.

[jburge97 0]

I came to the US as a student in 2004. At that time I was already in a long-distance relationship with my now husband, who is a US citizen. I told the person at the embassy who interviewed me for the student visa that I had a boyfriend in the US, and her only comment was: "Don't overstay your visa or use it just to get married. As long as your intent is to be a student, you're fine." I then left for the US and went to grad school for two years. After I graduated (while I had the one year OPT work authorization) my boyfriend and I decided to get married. We married and filed for AOS. My being here on a student visa was never brought up, because it is completely legal to marry and adjust status with this visa as long as you didn't have the intent to do so when you last entered the country. Therefore, you may go ahead and marry and apply for the green card from here. You do that by filing I-485, plus some other papers. Your spouse has to file I-130 to sponsor you. These can be filed at the same time. However, make sure you do NOT leave the country until you either have the green card in your hand or you are married, have applied for green card, and have advance parole to re-enter the country (you apply for this when you do the AOS, i.e. the green card). Again: the only thing that is illegal is to enter the US on a non-immigrant visa (e.g. F-1) with the intent to immigrate. Good luck!

[AOSBEGINSJULY31 0]

Hi Tokori

this is my 2 cents from my personal experience - Note my AOS was just approved on 08/14/07

I came to US as a student and graduated in 02 on an F1 student visa. I did not go back home, so i basically overstayed on my student visa up till this month. I got married to a US citizen last June 06 and we only just filed for AOS in Aug 07. We had no problems at all at our interview ( we are in a DORA state) and were approved in 15 minutes. And I did not have to prove that I did ot come to this country with the intent to marry

So here is my point to all this:

First be honest with USCIS, even about uauhtorized work

Collect A LOT of evidence that you are a legit marriage - give more evidence than they ask for

And no your man DOES NOT have to go home!!! unless he is on a J1 student visa and has a 2 yr requirement to work in his home country. (again, just my humble 2 cents)

I honestly would be very very wary of advice to go back home esp. if its after his visa expires, unless you guys dont mind a 5 to 10 year ban. If he leaves BEFORE his visa expires then yes you can go through the K1 process

Anyho again this is just my 2 cents - pushbrk advice is right on the money!!!! I dont c why you would want to go thru the K1 process and the the AOS when you could just file for AOS.

First question to ask ur man is what kind of student visa he is on. if its F1 i dont forsee any probelms. If its a J1 research research research this board and ask for information from the international office at his school.

Edited August 17, 2007 by AOSBEGINSJULY31

[Caladan 19]

This is very, very common. Lots of people meet their future spouses while in school. Of everyone I know who has done so, not a single person has filed for a K-1 and gone home. Just as a data point. All of them adjusted status successfully and without any problems with fraud.

And plenty of them traveled home, or to another country on a conference, while being engaged. Usually they hadn't set a date, so it was arguable, say, if got engaged in July, flew to a conference in Japan in August, returned for the start of the semester in September and married the following June, that they didn't have immigrant intent upon entry. More common was people being here for several years without having left the country and marrying once the F-1 was about to expire. I wouldn't say the first path is particularly wise, nor would I recommend following it, but I think it's good to have a sense of what has been common. Most young couples don't even think about the visa implications as long as the person is enrolled validly in their program. And most of them have no problems.

And I would advise people to check with their school programs and their funding for what happens if they switch visa types. Sometimes the K-1 isn't a good option. If you can demonstrate you didn't have immigrant intent upon your last entry, there's no particular reason to chase down the K-1. Sometimes adjusting from an F-1 isn't a good option if you're going to need to travel a lot while AOS is pending.

To the OP: You have a couple of options if you want to get married in the U.S. 1) Your fiance is here now and presumably entered the U.S. a while ago, and since you had been planning to go to Europe to get married, he didn't enter with the intent to use the student visa to adjust. If you want to get married here now, (like next summer) it's best if he doesn't leave the country, because on any subsequent entry it would be much harder to show that he didn't have intent. Get married, file the I-130 along with the I-485 and assorted paperwork (check out the guides.)

Or, you can file for a K-1. 2) You can do that while your fiance is in the U.S. File for the K-1. Have someone (parents, siblings) serve as the address for your fiance's petition. Return for the interview. Get the visa. Return to the U.S., marry, and file for adjustment of status based on the K-1 (same crazy party, but you don't include the I-130).

Were it me, I'd take option 1. Just my opinion of course, and dependent on what I understand to be your situation, but there's no particular reason to bother with the royal pain in the ### that is the K-1 if you don't have to.

[pushbrk 12,232]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

Ugg. We seem to go through this at least weekly. It is not fraud to marry on a student visa, unless both marriage and remaining to adjust status was your intention when you last entered the US. If this now fiance was not engaged to marry or intending to marry when he last entered the US, he doesn't need to leave and pursue the K1 visa. They can marry and adjust status, just like your friends did. It might cause some extra scrutiny and questioning if the marriage takes place only a short time after the entry. It's easier to believe the decision was made after entry, when more time has passed but there is no fixed time. The key is not time, it is intention.

A K1 can be pursued while the intending immigrant is still in the States. They only need return to their home country to have their medical exam and interview conducted there.

It certainly can but I'm not sure why anybody would want to. A K1 visa really only gets you in the US with a requirement to marry within 90 days. Somebody already here and able to marry, wouldn't need a visa.

[jburge97 0]

"And plenty of them traveled home, or to another country on a conference, while being engaged. Usually they hadn't set a date, so it was arguable, say, if got engaged in July, flew to a conference in Japan in August, returned for the start of the semester in September and married the following June, that they didn't have immigrant intent upon entry. More common was people being here for several years without having left the country and marrying once the F-1 was about to expire. I wouldn't say the first path is particularly wise, nor would I recommend following it, but I think it's good to have a sense of what has been common. Most young couples don't even think about the visa implications as long as the person is enrolled validly in their program. And most of them have no problems."

I did the same thing, and it was never mentioned at the interview, and it did not cause me any trouble at all. What it did do, though, was to cause me a lot of anxiety, worrying if I had done something wrong or if I was going to be denied because of it. That is why I advice against leaving the country without green card/ AP.

Apart from that, all Caladan's advice is excellent.

[Fandango 1,439]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

I got to this post and had to reply....and I'm sure it's been replied to already, but I'll say it again for emphasis.

THIS WOULD NOT BE FRAUD.

Fraud is lying at the POE that you're coming in for other reasons when you truly intend to marry and immigrate. If the foreign SO is already in the US for legit reasons, IT IS NOT FRAUDULENT TO MARRY AND THEN APPLY FOR AOS AS LONG AS THERE WAS NO INTENT UPON ENTRY

Your advice here would cause unnecessary time apart & much hassle. The real 'best bet' is for the couple to marry now, and adjust status.

Edited August 17, 2007 by LisaD

[rebeccajo 14]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

Ugg. We seem to go through this at least weekly. It is not fraud to marry on a student visa, unless both marriage and remaining to adjust status was your intention when you last entered the US. If this now fiance was not engaged to marry or intending to marry when he last entered the US, he doesn't need to leave and pursue the K1 visa. They can marry and adjust status, just like your friends did. It might cause some extra scrutiny and questioning if the marriage takes place only a short time after the entry. It's easier to believe the decision was made after entry, when more time has passed but there is no fixed time. The key is not time, it is intention.

A K1 can be pursued while the intending immigrant is still in the States. They only need return to their home country to have their medical exam and interview conducted there.

It certainly can but I'm not sure why anybody would want to. A K1 visa really only gets you in the US with a requirement to marry within 90 days. Somebody already here and able to marry, wouldn't need a visa.

Just mentioning it for edification.