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Alien marrying alien in the US

Alien marrying alien in the US

Old Jul 18th 2002, 9:38 pm
  #1  
Just Joined
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Joined: Jul 2002
Posts: 2
PakX is an unknown quantity at this point
Default Alien marrying alien in the US

Hi All,

I am in the US on a H1B visa and intend marrying a girl from my country who is here on a B2 visa. We plan to elope as we cannot get married in our country due to a difference in religion.

a. Is it possible for aliens to marry each other in the US ?
b. If yes, can the change of visa status from B2 to H4 take place in the US itself without going back to the country?

If the above options are closed, what can I do ? Help !!!
PakX is offline  
Old Jul 19th 2002, 7:20 am
  #2  
Melinda Mackenz
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Default Re: Alien marrying alien in the US

Yes it is possible for 2 aliens to marry in the US and yes she can adjust status in
the US after getting married. I did it myself

Mel.

"PakX" <[email protected]> wrote in message
news:[email protected]...
    > Hi All,
    >
    > I am in the US on a H1B visa and intend marrying a girl from my country who is here
    > on a B2 visa. We plan to elope as we cannot get married in our country due to a
    > difference in religion.
    >
    > a. Is it possible for aliens to marry each other in the US ?
    > b. If yes, can the change of visa status from B2 to H4 take place in the US itself
    > without going back to the country?
    >
    > If the above options are closed, what can I do ? Help !!!
    >
    >
    >
    > --
    > Pak Christian
    >
    > Posted via http://britishexpats.com
 
Old Jul 19th 2002, 4:20 pm
  #3  
Chris Parker
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Posts: n/a
Default Re: Alien marrying alien in the US

    > I am in the US on a H1B visa and intend marrying a girl from my country who is here
    > on a B2 visa. We plan to elope as we cannot get married in our country due to a
    > difference in religion.
    >
    > a. Is it possible for aliens to marry each other in the US ?
    > b. If yes, can the change of visa status from B2 to H4 take place in the US itself
    > without going back to the country?
    >
    > If the above options are closed, what can I do ? Help !!!

It is possible, but I'd have a lawyer prepare the Change of Status I-539 application
if I were you.

I have heard of an actual story where someone did this, but INS chose to deny or
abandon the I-539 case or something like that and the B2 alien departed and then was
denied an H4 visa at the embassy abroad because of unlawful presence in excess of 6
months while waiting for the I-539 application decision of denial...

The two are married but separated now!

CP
 
Old Jul 20th 2002, 10:20 pm
  #4  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Alien marrying alien in the US

On Thu, 18 Jul 2002 15:20:08 -0700, PakX wrote:

    > Hi All,
    >
    > I am in the US on a H1B visa and intend marrying a girl from my country who is here
    > on a B2 visa. We plan to elope as we cannot get married in our country due to a
    > difference in religion.
    >
    > a. Is it possible for aliens to marry each other in the US ? b. If yes, can the
    > change of visa status from B2 to H4 take place in the US itself without going
    > back to the country?

It is possible. The change from B-2 to H-4 can be very easy or very complicated, as
Chris pointed out. It depends on whether you can show that she had the intent to get
married and stay or not. By the way, the problem Chris mentioned generally is no
longer a problem - INS issued a memo a while ago that such situations do NOT count
towards the bans, and Department of State indicated that they would honor this. She
*will* need to be able to prove that she filed her change of status in time, before
her B-2 ran out (in other words, keep copies of everything you ever file!)

The best and easiest way to accomplish all this, of course, is to get married in the
US, then have her return to her home country and get an H-4 visa there. Even if you
can't get married there, you should still be able to get a visa there. If this is a
problem, she may have grounds for applying for asylum, or at least for applying for a
visa in another country.

    > If the above options are closed, what can I do ? Help !!!
    >
    >
    >
    > --
    > Pak Christian
    >
    > Posted via http://britishexpats.com
 
Old Jul 20th 2002, 10:20 pm
  #5  
Melinda Mackenz
Guest
 
Posts: n/a
Default Re: Alien marrying alien in the US

You don't need a lawyer for a simple I-539. It is an easy form to fill out
and send in.

Mel.

"Chris Parker" <[email protected]> wrote in message
news:[email protected]...
    > > I am in the US on a H1B visa and intend marrying a girl from my country who is
    > > here on a B2 visa. We plan to elope as we cannot get married in our country due
    > > to a difference in religion.
    > >
    > > a. Is it possible for aliens to marry each other in the US ?
    > > b. If yes, can the change of visa status from B2 to H4 take place in the US
    > > itself without going back to the country?
    > >
    > > If the above options are closed, what can I do ? Help !!!
    >
    > It is possible, but I'd have a lawyer prepare the Change of Status I-539
    > application if I were you.
    >
    > I have heard of an actual story where someone did this, but INS chose to deny or
    > abandon the I-539 case or something like that and the B2 alien departed and then
    > was denied an H4 visa at the embassy abroad because of unlawful presence in excess
    > of 6 months while waiting for the I-539 application decision of denial...
    >
    > The two are married but separated now!
    >
    >
    > CP
 
Old Jul 22nd 2002, 3:20 am
  #6  
Paul Helpdesk
Guest
 
Posts: n/a
Default Re: Alien marrying alien in the US

You could get married, and file for a change of status or she could go back to home
country and enter under H-4.

She may have to do that sooner or later to get her H-4 visa.

Check out change of status details at:
http://www.visapro.com/US-Immigratio...-of-Status.asp

Paul @ HelpDesk
 

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