wanting to get married but how and where?

[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

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

Intent to do what?

[Caladan 19]

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.

To clarify, I wasn't talking about leaving before green card/AP, but an F-1 who is engaged (but not yet married or filing) without having set a date to get married going out of the country for a conference and returning and marrying a year later. Once you're married, stay put until you have the green card or AP.

[jburge97 0]

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.

To clarify, I wasn't talking about leaving before green card/AP, but an F-1 who is engaged (but not yet married or filing) without having set a date to get married going out of the country for a conference and returning and marrying a year later. Once you're married, stay put until you have the green card or AP.

I was engaged without a date set when I left and reentered the country for a brief vacation. I did not lie at the POE (never do that!!!), but it still had me worried that I knew I was going to get married at some point soon, although I didn't know I could apply for a green card from here, and that I entered with my F-1 visa. Like you said, though, doing this doesn't create a problem for most people, nor did it for me, but I wish I didn't worry so much about it before my interview.

[pushbrk 14,160]

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

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

[tokori 0]

So here is where it gets tricky...

He has been in the US since '02 pursuing his education. We met last year (and can prove that).

We both finish our graduate programs in December 07. However his student visa doesn't expire until August of 2008- we planned that once we graduate we are going to go to Austria together for apx 2 months of holiday/christmas before coming back to NYC (where we live and go to school) to find work/jobs sometime in Feb 08.

We currently planned to get married sometime next year in NYC (eloping) or somewhere in the US where it would be easy to get married (vegas?) then have a party/nonofficial wedding in Austria later in 2008 assuming the paper work doesn't take year(s) to be approved...

Does this plan no longer work? Or can we still get married as planned but once married not leave the country until 'approved' whenever that happens?

I will ask what sort of visa he has, although I know it is not the type that requires him to return back and work for 2 years if that clarifies it for the more knowledge posters.

thanks guys!

[pushbrk 14,160]

So here is where it gets tricky...

He has been in the US since '02 pursuing his education. We met last year (and can prove that).

We both finish our graduate programs in December 07. However his student visa doesn't expire until August of 2008- we planned that once we graduate we are going to go to Austria together for apx 2 months of holiday/christmas before coming back to NYC (where we live and go to school) to find work/jobs sometime in Feb 08.

We currently planned to get married sometime next year in NYC (eloping) or somewhere in the US where it would be easy to get married (vegas?) then have a party/nonofficial wedding in Austria later in 2008 assuming the paper work doesn't take year(s) to be approved...

Does this plan no longer work? Or can we still get married as planned but once married not leave the country until 'approved' whenever that happens?

I will ask what sort of visa he has, although I know it is not the type that requires him to return back and work for 2 years if that clarifies it for the more knowledge posters.

thanks guys!

If I understand your correctly, the timeline of your current plan has him leaving the US after he is no longer a student and then entering again before the marriage. If so, to stay and adjust status would not be ok. I suggest you either get married ASAP and file to adjust status immediately or abandon that thought and prepare for a separation during a visa process.

He doesn't have a two year requirement to return to his home country, does he? That would change a lot of things.

Edited August 17, 2007 by pushbrk

[Caladan 19]

The most common grad student visas are F-1s and J-1s. J-1s sometimes have a two-year home residency requirement, but not always.

Student visas often extend past the point where the person officially is no longer enrolled (it gives employers a chance to sort out getting them an H1-B ). To stay and adjust status after leaving once he has the degree COULD be okay (people manage to adjust off of the VWP just having decided to get married on 'a whim') but it would be a lot harder to show that you didn't have immigrant intent because you no longer can say 'I was here to get my degree, met my girlfriend, and we decided to get married.'

I wouldn't recommend it.

But, here's what you can do. You could get married now (Vegas, where-ever) and file for adjustment of status. Chances are his Advance Parole will be in by Christmas, so you two can leave for your visit and then return to look for jobs and live in NYC. You might have to adjust the trip a little bit (like if your interview were in January), but that way would ensure no separation.

Edited August 17, 2007 by Caladan

[tokori 0]

If I understand your correctly, the timeline of your current plan has him leaving the US after he is no longer a student and then entering again before the marriage. If so, to stay and adjust status would not be ok. I suggest you either get married ASAP and file to adjust status immediately or abandon that thought and prepare for a separation during a visa process.

He doesn't have a two year requirement to return to his home country, does he? That would change a lot of things.

yes, he would finish his degree, then leave and return sometime next year under the same visa but with the intention to find work if he didn't already have a job prior to leaving-- so techinically he would be returning with the intention of work-- student or tourist visa.

Also he has a F-1 visa.

[tokori 0]

The most common grad student visas are F-1s and J-1s. J-1s sometimes have a two-year home residency requirement, but not always.

Student visas often extend past the point where the person officially is no longer enrolled (it gives employers a chance to sort out getting them an H1-B ). To stay and adjust status after leaving once he has the degree COULD be okay (people manage to adjust off of the VWP just having decided to get married on 'a whim') but it would be a lot harder to show that you didn't have immigrant intent because you no longer can say 'I was here to get my degree, met my girlfriend, and we decided to get married.'

I wouldn't recommend it.

But, here's what you can do. You could get married now (Vegas, where-ever) and file for adjustment of status. Chances are his Advance Parole will be in by Christmas, so you two can leave for your visit and then return to look for jobs and live in NYC. You might have to adjust the trip a little bit (like if your interview were in January), but that way would ensure no separation.

Yes, he has a F-1. and as I understand it, does not have a residency requirement to work back in Austria. Really his intention has always been 'I was here to get my degree and find work in the US, but also happened to meet my girlfriend last year.'

So what sounds like the best option, is get married now, (NY/NJ/MA/ME/NH.. wheres the best/easiest place) then just hope and pray he gets advance parole at xmas and know we might have to return early for job interviews/placement.

[Caladan 19]

Your university's international office is probably a really good resource for you in this case. Students switch visa types, get married, etc ALL the time, and they'll have a better sense of what you're in for, and how best to time your wedding. You're not the first student in this position, and they'll be able to give you more specific advice than we will.

Good luck.

[tokori 0]

Your university's international office is probably a really good resource for you in this case. Students switch visa types, get married, etc ALL the time, and they'll have a better sense of what you're in for, and how best to time your wedding. You're not the first student in this position, and they'll be able to give you more specific advice than we will.

Good luck.

excellent point. Ill call them

thanks!

[pushbrk 14,160]

If I understand your correctly, the timeline of your current plan has him leaving the US after he is no longer a student and then entering again before the marriage. If so, to stay and adjust status would not be ok. I suggest you either get married ASAP and file to adjust status immediately or abandon that thought and prepare for a separation during a visa process.

He doesn't have a two year requirement to return to his home country, does he? That would change a lot of things.

yes, he would finish his degree, then leave and return sometime next year under the same visa but with the intention to find work if he didn't already have a job prior to leaving-- so techinically he would be returning with the intention of work-- student or tourist visa.

Also he has a F-1 visa.

Um, technically, you have already declared your plans to marry. The fact that there are also other intentions do not erase that. The recommendation is the same. I like the idea of checking with the University though.

[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

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

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

The question with adjustment is intent to immigrate, and that is the bar which must be satisfied.

Satisfying the bonafides of the marriage is a separate (although pertinent) matter.

In other words, the adjudicating officer will be interested in discerning that the marriage is not the fraudulent vehicle to accomplish intent to immigrate.

[pushbrk 14,160]

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

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

Exactly. That's why the English language uses complete sentences and paragraphs. I wrote a paragraph, not just a sentence fragment.

We are not addressing bona fides at this point BECAUSE that's a separate issue.

Edited August 17, 2007 by pushbrk

[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

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

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

Exactly. That's why the English language uses complete sentences. Check the part of the sentence that comes after the "and".

We are not addressing bona fides at this point BECAUSE that's a separate issue.

That's unnecessarily rude pushbrk, don't you think?

I am only trying to help others understand that it's INTENT TO IMMIGRATE which creates problems upon entry. Bonafides are indeed a separate issue but they are being lumped into the discussion.