USC1961

I'm reading through these posts and most of the information is accurate. I would encourage the OP to do some research on their own and decide what is best. If needs be hire a competent accountant that can help you decide if it is in your best interest to file jointly. It isn't that simple to just file jointly. One thing that hasn't been mentioned is that if you decide to file jointly, you will need to report any income you spouse earned, even if it was out of the USA. Even if it isn't a significant amount, the paperwork involved might be a major headache. Now if you decide to file separately, you wouldn't have to report spouses income, which is essentially the same as filing single from a benefits standpoint. But then your spouse would need to fill out her own tax return, seeing that she now lives in the USA.

Bottom line, you are potentially opening pandora's box. Personally, it would have to be a significant amount of money on the line to bother with it. Take your time, don't rush the ceremony and enjoy it. That is worth a lot more than a few dollars you may save. And worth a lot more than the IRS knocking at your door.

1) No US state requires you to have an SSN before you can obtain a marriage licence, but if you have an SSN you must declare it on the application. I didn't have one (at the time) and was able to obtain a marriage licence.

2) I was also able to obtain our marriage licence without my partner there. Since she was terminally ill and unable to travel, she was physically unable to. She had to fill in a form and have it notarized in order to satisfy their requirements.

Much of this, of course, varies from state to state. This was in Texas.

To be more specific, it varies from county to county in each state. In fact fees, requirements etc can vary a lot between counties. However a marriage license issued in any county within the same state, should be valid in said state. So in the OP's case any marriage license issued in any county in PA, would be valid anywhere in PA.

labloomer, I would contact a couple of different counties directly to see what their requirements are. Applying for a marriage license in a county with less requirements can save money, time and headaches. I'm sure everything will work out visa wise. But in the small chance it doesn't, reapplying in a county that makes it easy is the way to go.

Congrats and Best Wishes,

Cruise

There have been members on here who both owned a house on each side of the border. They would visit often (can't remember how much) neither wanted to move to their spouses country just yet. They wanted to wait till they retired then pick a place. Well one day the Canadian was headed to the US. After some questioning she was told that they cannot continue the back and forth and needed to pick a country. She was no longer allowed to enter the US, till they applied for the IR1.

I don't doubt someone else posted this on here, but I'm willing to bet there is some important details missing from this story. Maybe that particular border guard was having a bad day? *shrugs* There are people that cross the border on a daily basis for various reasons. So crossing frequently in and of itself shouldn't be a problem. Naturalization of course is a different issue.

Like others have already mentioned, no it's up to you. However in my mind it is an important event in both of your lives that you can experience together. Granted you can't go through the same line with him at immigration. But it may help both of you feel more relaxed about the whole ordeal. To each his/her own, but nervously waiting is not my cup of tea. Congrats and best wishes!

Did we answer the question?

No, just speculation and sharing of moral beliefs so far. The only answer seemingly is for the petitioner to ask USCIS themselves.

The ironic thing is that what used to be "mail order bride" is now internet dating.

I'm sorry but I can't keep quiet on this point. Especially because this is one of, if not the most misunderstood thing about foreign dating. Internet dating is very different from the old fashioned "mail order bride" services. Guys don't order brides from a catalog anymore like they would a tie or suit from Sears. I would describe internet dating more like a virtual cafe, bar or (insert any public social situation) where you meet and hook up with different people. There is a world of difference between the two. In fact I'll take it one step further. Dating someone online domestically is for all intents and purposes the same as dating a foreign person. Only difference is the getting married part is a bit trickier. Now, if you were to say internet dating has replaced the outdated mail order bride services, I would agree.

Thank you guys for your help. I will definitely check with the county clerk office. Also, somehow we were able to get her original birth certificate back when they sent us back her passport . @morganandmichael I posted this question to get an idea how people in other states do this process and was hoping someone from VA can share their experience as well

As far as sending the original birth certificate back, that is normal procedure when you apply for a US passport.

Talking about the marriage process itself, it's one of the easiest steps of the whole immigration and adjustment process. This because you can choose where to get married. If you want to marry somewhere where the requirements are easy means you will only need ID (DL or Passport), signature and pay the fee to get married. Places like Clark County, NV (Las Vegas) and Orange County FL (Orlando), just to name 2, will not require any documentation from previous marriages. It really is a very straightforward and can be a fun process.

What I would do is write down a list of places you would want to get married in. Then do a google search for marriage license requirements in the county that city is located in. Make it fun and an adventure if its doable for you. Good luck!!

I'm not trying to be funny, but did you guys use a time machine to get married later this year?

this is quite an interesting political year. Breaking all norms and rules from past elections for sure. I cringe to think what America will look is Trump (by a miracle...or money) actually wins this thing. People think we have immigration problems now and extremely long waiting times or embassy difficulties...could you imagine how this whole thing will look like (if it still even exists for any person, let alone Muslims) during his time in office? I was hoping to get my fiancé here BEFORE this whole mess actually takes place but I don't see that happening just yet. Lets hope for the best

Actually it would be quite the opposite. Trump would cut out all the bureaucracy and hassle regarding immigration. Thus making legal immigration much simpler than before. All this fear mongering surrounding Trump is just that. It's amazing how Trump is all of a sudden racist and compared to Hitler when he decides to run for president. Don't ever remember anyone saying this before.

That is what we sent. We walked down the hall of our courthouse to the records office. We paid $5 for a certified copy of our marriage certificate. It has a seal from the county and everyone else we have dealt with has accepted it. However, our request for initial evidence says they want the civil issued certificate. What are they wanting exactly? Because we sent the one you guys are talking about. The only other thing we know to do is request a state issued certificate and photocopy both it and the one we already sent from the county. Any suggestions?

The civil certificate would be the one issued by the registrar or clerks office. So it sounds like you sent the right one. My only guess is that perhaps the certificate got lost in the cogwheels somewhere. Or somehow the courthouse didn't give you the right document. I second what rcripps said but this time go to a different clerks office just to be sure you are getting what you paid for.

Aww ok. Yeah we would be coming to the US on holiday. We are both teachers and have already signed a contract to stay overseas for the next 3 years. Do you think it would be easier to get married overseas and then apply after that?

Yes most definitely easier. K1 takes a minimum 6 months for approval and would simply be a waste of time and money if you don't plan to live there for a few years. Not to mention the fact that you as a petitioner need residency in the USA to file. When you do decide to move to the USA in the future you can do a CR-1. Good Luck and congrats!

Short answer, no need to renew ESTA. Congratulations, hope your marriage is long and fruitful!!

One of the other things that raised a red flag for me was he withheld some of the cash we received as wedding gift (basically lied that was all the money we had received when we were counting it together) and secretly sent the money to his kid's mom back home. I only found out a month later after I had taken his phone (without his consent of course) and found a western union receipt in his iphone pictures.....

This behavior is what would raise a big red flag. The not wanting to post pictures on FB in itself may just be someone overly concerned about others snooping. From a privacy and security point of view, it is not recommended to post any information on facebook. However secretly sending money is something that is a deal breaker. And sorry to say, all the marriage counseling in the world won't fix it. Plan now to get divorced and send him packing. You have done right by your husband by doing so much for him, but sadly he's trying to con you. Hopefully he'll come clean and tell you what his plans were, just for your peace of mind. Good luck.

There is definitely a danger that they will be considered "too married for the K1, but not married enough for the CR-1" with the current set up, and it is not a scenario I would recommend; if the COs are suspicious in any way, and talk to friends and family who say you got married on X date, you will be denied. I would say, as others have alluded to, be careful in terms of calling yourselves husband and wife between now and the legal ceremony, and don't ever put the "first ceremony" as your marriage date on future AOS or naturalisation documents.

However, they have not done anything illegal.

Purposely not filing the paperwork after having gone through a marriage ceremony, with the implicit intent of making other visa options available that otherwise legally are not available to you, sure sounds illegal to me. If at the very least very unethical. And as another poster stated, this is lying.

To the OP: If it's not to late, file the paperwork and do this the right way. Why take the risk of opening Pandora's box? It's your fault for not researching this properly before getting married.

Actually, it IS prohibited. The problem is it is too difficult for the government to prove intent. Immigration just has bigger fish to fry. So, in a sense, it gets overlooked. That does not make it ok.

This is spot on. In addition USCIS doesn't have to prove intent. Why? Quite simply immigration isn't a court of law, it is an agency. It is the onus of the petitioner and beneficiary to prove there was no intent to marry and immigrate before entering the USA. Even if USCIS suspects foul play, that is enough to deny a petition to stay. Or what if the agent assigned to the case is having a bad day? Case denied.

Just because others have been successful in the past doesn't necessarily mean it is legal or that it will work in your favor. Almost without exception it is always better to follow the law. That way you can mitigate your risk of being denied as much as possible. Sour grapes?? No, just the facts ma'am.

First of all condolences to the OP, very heartbreaking. What really raises a red flag for me is that she had the ability to text him when she was supposedly held by immigration, for a couple of reasons First her phone wouldn't automatically work here in the USA without getting a SIM from a company here. Second of all the message wouldn't have been sent so immediately, since you can't use your phone while going through the immigration lines. This leads me to believe someone texted him on her behalf. This whole situation reeks of a well planned out scam.

But wow.....you would think there were some warning signs. Even the most perfect scammer shows some red flags. SMH

The other posters are somewhat incorrect about the cost. Any legal fees are paid by the defendant. Some lawyers may want fees upfront, others will take the case anticipating being paid by the defendant

Great post until the very end. Legal fees are not always paid by the defendant. The plaintiff has to actually win the case first for that to happen. In which case the judge "may" decide to also tack on the legal fees to the defendants bill.

orp967 I applaud you for being vigilant and open minded enough to save yourself from a personal disaster. Love can be blind and others in the same situation may have not caught on. Well done! Like others have stated before, there is little or nothing you can do. Time to move on and let karma do its thing. .

You're already on VJ, start reading guides and previous topics in relevant forums. A lot of great people are here to help. You won't need a lawyer!

Under normal straightforward circumstances I would (mostly) agree. But since this is not a cut and dry scenario, good legal advice could be the difference between approval and denial. There are good attorneys out there, you just have to do your homework.

Thank you both for your suggestions!

Transferring the money to her US bank account really does seem like the best idea,......

Not to sound harsh but this isn't a great idea. Putting aside immigration for a moment, your fiancee may also have to deal with the IRS. That is even if the money is transferred over a period of time. If you do plan to move forward however, it is strongly recommended you get a reputable immigration attorney. And in addition advice from an accountant.

The easy solution to this problem of course is for your fiancee to get off her rear and start making the minimum amount required. Even if that means working 2 or 3 part time jobs to do it. Yes it's hard work but it will get rid of the headaches associated with your plan. Not only that it would be a big plus in your favor in the eyes of the interviewer.

Whatever you decide to do good luck!

Maybe someone else can chime in on this, but the K1 may not even be necessary. Since she has already entered the USA legally you should be able to get married and file for permanent residency. The danger of this however is having to prove that this was not the intention of obtaining the B-1 visa in the first place. And I personally wouldn't attempt it without the help of an attorney. In addition, if they knew each other before her arrival to the USA, this would make things a bit trickier.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

It has been quite some time since Immibie posted before this topic was created, but with some creative googling, I was able to find the country to most likely be Cambodia.

http://www.visajourney.com/forums/topic/479766-schedule-appointment-online-cambodia/

With that being the case, the medical treatment options in Cambodia are definitely lacking, especially for this circumstance.

While this is definitely the case, treatment for Mental Health issues is still a good 50 years behind physical health care in any 1st world country. (At least) And treatment for schizophrenia is a big hit and miss. IMO the real question is whether this would be a positive move for all parties involved. A very likely scenario is that the sister is already too far gone to be able to take advantage of better treatment. Not to mention the cultural and language barrier that will hinder treatment here in the USA. Also, how does the family back home feel about the move? If they are not on board a move like this could cause a rift and make everyone miserable involved.

Although I admire the OP's noble intentions, just getting through the immigration process alone would prove to be a nightmare as others here have already mentioned. This is a case of being able to do far more with far less, making the sister as comfortable as possible in her own country.

14 months sound reasonable but when dealing with Visas nothing is a guarantee. If I were in the Op's shoes I would avoid paying for anything that cannot be refunded or changed date wise (wedding venue for example).

I started putting deposits down for our wedding after we scheduled his interview (for several months out). (The wedding date was to be about 3 months after the interview). I really didn't want to have a "legal wedding" and a separate reception.

My take on this is it doesn't have to be a reception. Why not a full fledged ceremony? No one has to know that you went to the courthouse to legally marry beforehand. While I understand the sentiment behind your statement, there is nothing illegal about renewing your vows. In fact it would be really special to get married twice to the one you love the most. This allows one to plan the big day you always wanted together after k-1 is issued. Just my take on it.

The unemployment rate in Spain is 25%. For those under age 30, the unemployment rate is more than 50%. Also, it takes money to move to another EU country. Moving isn't free.

Higher pay, but no prospect of a job in Spain = the US as the better option.

While this is true the numbers only tell part of the story. I lived there for 2 years and my grandparents are from Spain, so I very well know what the situation is there. Here is the lowdown: These numbers are inflated because of heavy immigration. Spain was #2 in immagration after the US for many years. That 25% unemployment rate is for the most part immigrants. Among people who are from Spain that number is much lower, below the10% mark. If you are a native Spaniard, your prospects for getting a job are good. The natives there (with very few exceptions) aren't looking to move to the USA. It really isn't that advantageous to get a green card in the USA. Also, the standard of living is very good, overall just about on par with the USA.

To get back to the OP, there is more to the story than what is being told.

You would be commiting visa fraud. Entering the US on a tourist visa with the obvious intent of staying would hurt your chances of getting a visa in the future. I would take this as an advantage and save up some Euros in Belgium. When your fiance gets a job, then work out the visa bit.