Marriage with US resident
Jan 22nd 2001, 10:36 pm
#1
Guest
Posts: n/a
Hi,
I came to US with tourist visa then I changed my status to F-1 (student). I want to marry
with a girl who has had green card for more than six years but has not applied for
citizenship yet. We prefer to have wedding ceremony in our home country. Since I didn't
enter US with student visa I'm not sure if I can enter again. I know some cases with J-1
visa who had hard time getting visa stamp to re-enter. I have heard that if we officially
marry here I can apply for some kind of travel documents that exempt me from getting visa
stamp from US embassy. I was wondering if it is true or if there are other ways to make
sure I can come back and continue my education.
Thank you in advance.
Farzin
I came to US with tourist visa then I changed my status to F-1 (student). I want to marry
with a girl who has had green card for more than six years but has not applied for
citizenship yet. We prefer to have wedding ceremony in our home country. Since I didn't
enter US with student visa I'm not sure if I can enter again. I know some cases with J-1
visa who had hard time getting visa stamp to re-enter. I have heard that if we officially
marry here I can apply for some kind of travel documents that exempt me from getting visa
stamp from US embassy. I was wondering if it is true or if there are other ways to make
sure I can come back and continue my education.
Thank you in advance.
Farzin
Jan 24th 2001, 6:34 am
#2
Guest
Posts: n/a
:
>Hi,
>
>I came to US with tourist visa then I changed my status to F-1 (student). I want to marry
>with a girl who has had green card for more than six years but has not applied for
>citizenship yet. We prefer to have wedding ceremony in our home country. Since I didn't
>enter US with student visa I'm not sure if I can enter again.
You are right about the concern. You clearly have immigration intent, and that will mean
the chances of your F-1 being denied are very great.
>I know some cases with J-1 visa who had hard time getting visa stamp to re-enter. I have
>heard that if we officially marry here I can apply for some kind of travel documents that
>exempt me from getting visa stamp from US embassy. I was wondering if it is true or if
>there are other ways to make sure I can come back and continue my education.
That is only true if she was a US citizen. Until then, you have the worst of both worlds:
you can't apply for a Green Card through her for about five years (the travel document is
granted in the process of getting a Green Card), and you also cannot get most
non-immigrant visas, such as F-1.
My advice for you is to get married right away in the US. Also, she should file for
citizenship immediately.
Immediately after the marriage, file form I-130 for you, and request consular processing
in your home country.
DO NOT LEAVE THE US until your wife is naturalized (going to Canada, Mexico or adjacent
islands for no more than 30 days is safe).
Once she is naturalized, notify the National Visa Center of the naturalization. They'll
forward the file to a consulate in your home country. The consulate notifies you, you
travel there and pick up your Green Card.
Note: if the I-130 is not approved yet when she is naturalized, you may want to instead
pursue a different avenue. Come back here and ask when the time comes.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For DOL Faxback status information: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
>Hi,
>
>I came to US with tourist visa then I changed my status to F-1 (student). I want to marry
>with a girl who has had green card for more than six years but has not applied for
>citizenship yet. We prefer to have wedding ceremony in our home country. Since I didn't
>enter US with student visa I'm not sure if I can enter again.
You are right about the concern. You clearly have immigration intent, and that will mean
the chances of your F-1 being denied are very great.
>I know some cases with J-1 visa who had hard time getting visa stamp to re-enter. I have
>heard that if we officially marry here I can apply for some kind of travel documents that
>exempt me from getting visa stamp from US embassy. I was wondering if it is true or if
>there are other ways to make sure I can come back and continue my education.
That is only true if she was a US citizen. Until then, you have the worst of both worlds:
you can't apply for a Green Card through her for about five years (the travel document is
granted in the process of getting a Green Card), and you also cannot get most
non-immigrant visas, such as F-1.
My advice for you is to get married right away in the US. Also, she should file for
citizenship immediately.
Immediately after the marriage, file form I-130 for you, and request consular processing
in your home country.
DO NOT LEAVE THE US until your wife is naturalized (going to Canada, Mexico or adjacent
islands for no more than 30 days is safe).
Once she is naturalized, notify the National Visa Center of the naturalization. They'll
forward the file to a consulate in your home country. The consulate notifies you, you
travel there and pick up your Green Card.
Note: if the I-130 is not approved yet when she is naturalized, you may want to instead
pursue a different avenue. Come back here and ask when the time comes.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For DOL Faxback status information: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
Jan 27th 2001, 9:48 am
#3
Guest
Posts: n/a
Hi,
>
> I came to US with tourist visa then I changed my status to F-1 (student). I want to
> marry with a girl who has had green card for more than six years but has not applied for
> citizenship yet. We prefer to have wedding ceremony in our home country. Since I didn't
> enter US with student visa I'm not sure if I can enter again. I know some cases with J-1
> visa who had hard time getting visa stamp to re-enter.
Can you tell me how you changed to F-1. Did you have any contact with your home countries
consultate? Was it easier that way? Was it easier to get an I-20 that way?
My GF has a tourist visa in her passport and I'd like to do something similar
> I have heard that if we officially marry here I can apply for some kind of travel
> documents that exempt me from getting visa stamp from US embassy. I was wondering if it
> is true or if there are other ways to make sure I can come back and continue my
> education.
>
> Thank you in advance.
>
> Farzin
>
> I came to US with tourist visa then I changed my status to F-1 (student). I want to
> marry with a girl who has had green card for more than six years but has not applied for
> citizenship yet. We prefer to have wedding ceremony in our home country. Since I didn't
> enter US with student visa I'm not sure if I can enter again. I know some cases with J-1
> visa who had hard time getting visa stamp to re-enter.
Can you tell me how you changed to F-1. Did you have any contact with your home countries
consultate? Was it easier that way? Was it easier to get an I-20 that way?
My GF has a tourist visa in her passport and I'd like to do something similar
> I have heard that if we officially marry here I can apply for some kind of travel
> documents that exempt me from getting visa stamp from US embassy. I was wondering if it
> is true or if there are other ways to make sure I can come back and continue my
> education.
>
> Thank you in advance.
>
> Farzin
Jan 28th 2001, 10:13 pm
#4
Guest
Posts: n/a
:
>[email protected] writes:
>
>> Hi,
>>
>> I came to US with tourist visa then I changed my status to F-1 (student). I want to
>> marry with a girl who has had green card for more than six years but has not applied
>> for citizenship yet. We prefer to have wedding ceremony in our home country. Since I
>> didn't enter US with student visa I'm not sure if I can enter again. I know some cases
>> with J-1 visa who had hard time getting visa stamp to re-enter.
>
>Can you tell me how you changed to F-1. Did you have any contact with your home countries
>consultate? Was it easier that way? Was it easier to get an I-20 that way?
>
>My GF has a tourist visa in her passport and I'd like to do something similar
The I-20 is issued by the university. The home country consulate doesn't usually get
involved in this at all.
She can indeed change from tourist to F-1 within the US. Drawback: it can take a year or
more, but she'd be allowed to stay in the US during that time, and also start studying
(but not work as F-1s are sometimes allowed to do).
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For DOL Faxback status information: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
>[email protected] writes:
>
>> Hi,
>>
>> I came to US with tourist visa then I changed my status to F-1 (student). I want to
>> marry with a girl who has had green card for more than six years but has not applied
>> for citizenship yet. We prefer to have wedding ceremony in our home country. Since I
>> didn't enter US with student visa I'm not sure if I can enter again. I know some cases
>> with J-1 visa who had hard time getting visa stamp to re-enter.
>
>Can you tell me how you changed to F-1. Did you have any contact with your home countries
>consultate? Was it easier that way? Was it easier to get an I-20 that way?
>
>My GF has a tourist visa in her passport and I'd like to do something similar
The I-20 is issued by the university. The home country consulate doesn't usually get
involved in this at all.
She can indeed change from tourist to F-1 within the US. Drawback: it can take a year or
more, but she'd be allowed to stay in the US during that time, and also start studying
(but not work as F-1s are sometimes allowed to do).
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For DOL Faxback status information: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
