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American marrying abroad

American marrying abroad

Old Sep 5th 2002, 5:19 pm
  #1  
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Question American marrying abroad

Hello all,

I don't know if this was already discussed here or not.

I'm from Slovakia, currently in the States. I applied for H1-b visas but it looks like I will be denied, so I'll have to go back home in a couple of months.

I have a boyfriend in the States and we want to get married in a year. We would like to get married in Slovakia. I just don't know what timeframes to expect regarding I-130 and K-3. I understand that before coming to Slovakia, my husband-to-be will have to file I-130 so that I can apply for K-3 after our marriage.

Will I get stuck in Slovakia waiting for all the paperwork while he is back to the States? There is no way he can spend half a year after the marriage in my country, since he would lose his job in the States.

What is your experience with Americans marrying abroad and bringing their loved ones back to the States?

If I get my H1-B visa, I think I don't have to worry about this, since we can go to Slovakia over the summer, get married, come back to the states and then he can file the I-130. Is that correct?

We just started to talk about the marriege and the more stuff we find on all the necessary paperwork, the more overwhelming and frustrating it gets.

Thanks for your input.

J.
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Old Sep 5th 2002, 11:56 pm
  #2  
Mrtravel
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Default Re: American marrying abroad

GoodGirl_J wrote:
    > If I get my H1-B visa, I think I don't have to worry about this, since we can go to
    > Slovakia over the summer, get married, come back to the states and then he can file
    > the I-130. Is that correct?

Yes, and the I-485. Or, if you don't get married, at some point your employer could
sponsor you for the permanent resident status.

If you don't get the H1B, then there are 2 options.

1. Fiance files I-129F and you enter on a fiancee visa
2. You get married and husband files I-130 AFTER marriage.

If you take step 2, then after filing I-130, you can wait for the interview for an
immigrant visa. If you do that you will be a permanent resident when you enter on
that visa.. OR.... your husband can file I-129F after getting the notice for the
I-130, and then you can get a K-3 visa to visit the US.
 
Old Sep 6th 2002, 7:13 am
  #3  
Des
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Default Re: American marrying abroad

I understand that before
    > coming to Slovakia, my husband-to-be will have to file I-130 so that I can apply
    > for K-3 after our marriage.

He cannot send the I-130 BEFORE your wedding, as the marriage certificate with
Apostille is required as proof of "immediate relative".

    > Will I get stuck in Slovakia waiting for all the paperwork while he is back to
    > the States?

Yes, most likely you would have to wait it out.

    > What is your experience with Americans marrying abroad and bringing their loved
    > ones back to the States?

It really depends on teh country - in Belgium, you can DCF which is relatively quick
and easy. In other countries, it takes a long time.

    > If I get my H1-B visa, I think I don't have to worry about this, since we can go to
    > Slovakia over the summer, get married, come back to the states and then he can file
    > the I-130. Is that correct?

If you get your H1-B, you can get married in Slovakia, return to the US on the H-1B,
and then file for AOS (i.e. he files I-130, you file I-485, if possible together with
I-765, I-131, etc.)

Good luck.
- Des
 
Old Sep 6th 2002, 3:30 pm
  #4  
Mrtravel
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Default Re: American marrying abroad

Des wrote:
    > I understand that before
    > > coming to Slovakia, my husband-to-be will have to file I-130 so that I can apply
    > > for K-3 after our marriage.
    > He cannot send the I-130 BEFORE your wedding, as the marriage certificate with
    > Apostille is required as proof of "immediate relative".

Does the consulate in Slovakia require an apostille of a foreign marriage? I would
expect them to accept a US certificate without an apostille, and a certificate in the
local country without a certificate.
 
Old Sep 6th 2002, 9:44 pm
  #5  
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Default Re: American marrying abroad

Originally posted by Mrtravel:
Des wrote:
    > I understand that before
    > > coming to Slovakia, my husband-to-be will have to file I-130 so that I can apply
    > > for K-3 after our marriage.
    > He cannot send the I-130 BEFORE your wedding, as the marriage certificate with
    > Apostille is required as proof of "immediate relative".

Does the consulate in Slovakia require an apostille of a foreign marriage? I would
expect them to accept a US certificate without an apostille, and a certificate in the
local country without a certificate.
I really have NO idea who requires what and when. It just seems there is way too much useless paperwork and a great deal of headache.

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