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Visa for marriage in USA

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Old Dec 23rd 2006, 3:17 pm
  #1  
Kwally
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Default Visa for marriage in USA

I am a German citizen, my fiancee is a filipina. We both are currently
in the Philippines and plan to marry in Las Vegas next year.
Is this possible and are there special things to observe?
Are there rejections and what can be the reasons? My fiancee was
rejected 8 years ago because she was a government employee at that time
and she is afraid to be rejected again. Now she is employed by my
company.
Or is it easier, when we marry first in the Philippines?

Thanks in advance
Klaus
 
Old Dec 23rd 2006, 3:53 pm
  #2  
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Default Re: Visa for marriage in USA

Originally Posted by Kwally
I am a German citizen, my fiancee is a filipina. We both are currently
in the Philippines and plan to marry in Las Vegas next year.
Is this possible and are there special things to observe?
Are there rejections and what can be the reasons? My fiancee was
rejected 8 years ago because she was a government employee at that time
and she is afraid to be rejected again. Now she is employed by my
company.
Or is it easier, when we marry first in the Philippines?

Thanks in advance
Klaus
Might help to know more detail. Getting married in las Vegas is no problem as far as I know. It's the marriage capital of the country.
If you are talking about her arriving on a visitors visa, getting married and then applying for residency, more details are necessary. You say you are in the Phillipines, but are you a landed immigrant in the U.S.? A legally documented resident? If so, taking that route in the absence of a fiance' visa, as I understand it, is not recommended. The USCIS questions the possibility that the intention upon arriving in the country on a visitors visa was to get married and not leave. That is circumventing the rules and seems to be a no-no from what I understand.
But I am sure that the more informed members of this board can answer your questions if you post sufficient details.
Actually, I am confused by your post. Could be that I am just too tired to figure it out.
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Old Dec 23rd 2006, 5:11 pm
  #3  
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Default Re: Visa for marriage in USA

Originally Posted by Kwally
I am a German citizen, my fiancee is a filipina. We both are currently
in the Philippines and plan to marry in Las Vegas next year.
Is this possible and are there special things to observe?
Are there rejections and what can be the reasons? My fiancee was
rejected 8 years ago because she was a government employee at that time
and she is afraid to be rejected again. Now she is employed by my
company.
Or is it easier, when we marry first in the Philippines?

Thanks in advance
Klaus
Are either one of you a US citizen? What is your ultimate goal, simply to marry in the USA and then go back to the Philippines? As far as I know, it's OK to marry in the USA, assuming you can get some kind of visa to be in the USA in the first place. But you can't immigrate to the USA based on marriage, if one of you isn't a USC.

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Old Dec 23rd 2006, 5:13 pm
  #4  
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Default Re: Visa for marriage in USA

Originally Posted by Kwally
Or is it easier, when we marry first in the Philippines?
Is what easier? You never actually say what your goal is. Your title asks about a visa for marriage in USA. No visa is necessary to marry in the USA. Plus, if you marry first in the Philippines, you wouldn't need a visa for marriage in the USA, would you?

A visa would be necessary if you intend to immigrate to the USA.

Rene
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Old Dec 23rd 2006, 7:06 pm
  #5  
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Default Re: Visa for marriage in USA

Presuming you merely want to marry in the US -- a destination wedding of sorts -- and you will both be leaving afterwards:

As a German citizen you can use the Visa Waiver Program to enter the US. Your fiancee will need a "B" visitor's visa to enter the US. If she gets her visitor's visa, sure, you can have your marriage ceremony in Las Vegas. Apply for a marriage license when you get there. You can google the requirements on the internet. Marriage in Las Vegas will be governed by Nevada (state) law. You will probably need to show photo ID and show that you are free to marry (bring divorce or death certificates for previous marriages, if any).
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Old Dec 24th 2006, 2:27 am
  #6  
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Default Re: Visa for marriage in USA

Originally Posted by Kwally
I am a German citizen, my fiancee is a filipina. We both are currently in the Philippines and plan to marry in Las Vegas next year. ... Or is it easier, when we marry first in the Philippines?
If you marry in the Philippines, then you won't need to get married in Las Vegas, will you?

~ Jenney
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Old Dec 24th 2006, 3:39 am
  #7  
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Default Re: Visa for marriage in USA

As others have said, you don't require a marriage visa in order to marry in the US. A USCIS marriage visa is actually an Immediate Relative Visa and is available only to US Citizens and Permanent Residents (PR) of the US. Your post does not state that you are either one. One assumes from your post that you are just going to use Las Vegas as your place of marriage and then both you and your wife will return to the Philipphines after the honeymoon and resume your lives there. Unless:

1. You are currently the holder a green card with permanent residency in the US and you wish to return to reside in the US with your wife.

In that case, you can return but your wife must wait outside of the US while you apply for her Immediate Relative Visa which can take years.

2. If you are a holder of an L-1 visa and are currently employed by a US Company working in their Philipphines office, you should speak with an immigration attorney regarding an L-2 for your wife.

3. If you hold US Citizenship then you can marriage here, leave the US after the honeymoon and I believe you can file directly with the US Consulate in the Philipphines for her Immediate Relative Visa. If the direct filing is not available, then you will have to file at the Service Center in the US and then when the I-130 is approved, it will be forwarded to the US Consulate in the Philipphines for further processing which will culminate in her immediate relative visa after fulfillment of certain requirements and an interview.

So as you can see, unless you are asking if it is possible for two non-residents or non-citizens of the US to come to the US for the express purpose of marrying there and then return to their country of residency, you do not need a "marriage visa" as you call it. She, however, will need a B visa to enter the US.



Originally Posted by Kwally
I am a German citizen, my fiancee is a filipina. We both are currently
in the Philippines and plan to marry in Las Vegas next year.
Is this possible and are there special things to observe?
Are there rejections and what can be the reasons? My fiancee was
rejected 8 years ago because she was a government employee at that time
and she is afraid to be rejected again. Now she is employed by my
company.
Or is it easier, when we marry first in the Philippines?

Thanks in advance
Klaus
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Old Dec 24th 2006, 3:41 am
  #8  
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Default Re: Visa for marriage in USA

Also note if you hold an H-1B work visa, an H-2B visa is available to your wife if you are going to return to the US. She will have the right to live here on that visa but will not be allowed to work.


Originally Posted by Rete
As others have said, you don't require a marriage visa in order to marry in the US. A USCIS marriage visa is actually an Immediate Relative Visa and is available only to US Citizens and Permanent Residents (PR) of the US. Your post does not state that you are either one. One assumes from your post that you are just going to use Las Vegas as your place of marriage and then both you and your wife will return to the Philipphines after the honeymoon and resume your lives there. Unless:

1. You are currently the holder a green card with permanent residency in the US and you wish to return to reside in the US with your wife.

In that case, you can return but your wife must wait outside of the US while you apply for her Immediate Relative Visa which can take years.

2. If you are a holder of an L-1 visa and are currently employed by a US Company working in their Philipphines office, you should speak with an immigration attorney regarding an L-2 for your wife.

3. If you hold US Citizenship then you can marriage here, leave the US after the honeymoon and I believe you can file directly with the US Consulate in the Philipphines for her Immediate Relative Visa. If the direct filing is not available, then you will have to file at the Service Center in the US and then when the I-130 is approved, it will be forwarded to the US Consulate in the Philipphines for further processing which will culminate in her immediate relative visa after fulfillment of certain requirements and an interview.

So as you can see, unless you are asking if it is possible for two non-residents or non-citizens of the US to come to the US for the express purpose of marrying there and then return to their country of residency, you do not need a "marriage visa" as you call it. She, however, will need a B visa to enter the US.
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Old Dec 24th 2006, 3:52 am
  #9  
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Default Re: Visa for marriage in USA

Originally Posted by Rete
Also note if you hold an H-1B work visa, an H-2B visa is available to your wife if you are going to return to the US. She will have the right to live here on that visa but will not be allowed to work.
I think you mean an H4...
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Old Dec 24th 2006, 4:48 am
  #10  
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Default Re: Visa for marriage in USA

Originally Posted by Elvira
I think you mean an H4...

Yuppers ... thanks for the correction ;-)
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