English88

Hello!

I'm currently in the USA (Florida) on an L1B visa which started officially on the 06-OCT-2014 – I was here earlier in the year for 85 days on VWP during which time I proposed to my American girlfriend so we’ve been engaged a few months now. We’re planning on having a “proper” wedding with guests in 2016 but we’ve often discussed getting married earlier so I’m not at the mercy of my visa (i.e. wouldn’t have to go home if I lost my job, however unlikely) and I can get the green card process started sooner. I'd also like my fiancee to be covered by my company's health & dental and I'm led to believe I would pay less tax filing as married rather than single. My questions are as follows:

1. Once we have a marriage license from our local county court judge are we able to just go and get married in the US equivalent of a registry office (after the 3 day wait) without vows and exchanging of rings etc and save those until our “proper” wedding in 2016 or would this lead to questions over whether the marriage is bona-fide & get us in trouble?

2. Is an attorney required at any point when filing the I-130 and I-485?

3. Is there anything I haven’t thought of that I need to consider?

Thanks in advance – you guys are awesome!

Pulaski

1. Getting married is a legal process, so long as you comply with the legal formalities there is no need for any of the peripheral bits and pieces, such as rings or fancy vows. So long as you've jumped through the required legal hoops there is no room to doubt the validity of the marriage for tax or benefit reasons. What your family, colleagues, and neighbours think is another matter entirely, but has zero relevance for tax and benefits purposes.

2. No.

3. There really isn't much of anything else. Get your marriage license. Get married. That's about the beginning and the end of it.

ian-mstm

Quote:

Originally Posted by English88

1. Once we have a marriage license from our local county court judge are we able to just go and get married in the US equivalent of a registry office (after the 3 day wait) without vows and exchanging of rings etc and save those until our “proper” wedding in 2016 or would this lead to questions over whether the marriage is bona-fide & get us in trouble?

This would be fine. As long as you are married legally, the marriage certificate will be considered valid. Indeed, this is the way many couples do things.

Quote:

2. Is an attorney required at any point when filing the I-130 and I-485?

No.

Quote:

3. Is there anything I haven’t thought of that I need to consider?

Not really. You will remain in valid L-1 status until your adjustment of status is approved - so you can continue to travel using your L-1 visa. If, however, you leave your L-1 sponsor, you must travel using the Advance Parole document which you'll receive as part of your adjustment package. Also, once you receive employment authorization (EAD), you no longer need to remain with your L-1 sponsor - even if your adjustment hasn't yet been adjudicated.

Ian

hungryhorace

With my companies insurance plan, you do not need to be married to your partner to add them to your insurance. You simply are required to live as man and wife (ie, share a home). Your policy may be different, but double check just in case.

It all depends on both your income brackets. By filing separately last year, we saved ourselves many thousands of dollars had we filed jointly for example. My advice: always run the figures both ways before you file.

Absolutely no problem with doing that at all. Frankly, it's what I would be doing (and did).

It depends, IMO. Generally, no, not unless there is reason to believe you could be declined (ie, criminal history).

Just an FYI, you can still leave the country without applying for advance parole given you are on an L-1B visa once you have submitted your AOS documents. You should still apply for the AP, but you do _not_ need to use it if your L-1B visa is still good.

English88

Thank you for the replies, much appreciated and it seems fairly straight forward.

In terms of the actual marriage - do we need to take the wedding license to a notary for a "ceremony" (signing something?)?

hungryhorace

We found a person who both conducted the wedding ceremony as well as obtain the marriage licence certificate for us.

S Folinsky

People get married "at the courthouse" all the time to get the immigration ball rolling and later have the "real" marriage ceremony. I've never seen INS/CIS blink an eye at that when it is disclosed.

On the attorney front, "need" is a slippery word and depends upon the individual and luck in the draw of who conducts the interview or reviews the documents. It is a personal decision.

Pulaski

The procedure is state dependent. We just went to the local county court when we lived in VA, with our ID and $10. We filled out the form, the clerk prepared the license based on the form, and took our $10. ...... He did not ask for our IDs.

Guindalf

I tried to use the lift in an Alabama courthouse and, when the doors opened, a clerk was in there conducting a wedding ceremony!

We took the stairs.

Hotscot

In the lift?

Guindalf

Yep.

Pulaski

A marriage with its ups and downs right from the outset! ...... Sorry! .....

sir_eccles

Maybe it had significance to them. Maybe they were both in it one day when it got stuck between floors and that's how they fell in love.

Guindalf

In Alabama, there's no telling. Could be the first place they got it on!!!

Guindalf

I think they were both floored by the experience and he pressed all the right buttons!