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-   -   Thinking about marrying my boyfriend (https://britishexpats.com/forum/usa-57/thinking-about-marrying-my-boyfriend-111194/)

abell Sep 9th 2002 10:17 pm

Thinking about marrying my boyfriend
 
I have visited the US on 3 occassions to see my American boyfriend. He recently proposed to me. I have to make a decision whether to go back to Sweden or stay in the US. I have a 2 part question. First, if I marry him and the relationship does not work out does that I mean I have to go back to Sweden. In other words, how long does the INS require I stay married? I've been told the new rules require 10 years. He always JOKES about having me deported. Secondly, I have my own apartment with 4 months lefted on the lease. If I marry him tomorrow do I have to break the lease and move in with him immediately because of INS rules.

Mona Lisa Sep 9th 2002 11:06 pm

Re: Thinking about marrying my boyfriend
 
In article <[email protected]>, abell
<[email protected]> wrote:

    > I have visited the US on 3 occassions to see my American boyfriend. He recently
    > proposed to me. I have to make a decision whether to go back to Sweden or stay in
    > the US. I have a 2 part question. First, if I marry him and the relationship does
    > not work out does that I mean I have to go back to Sweden. In other words, how
    > long does the INS require I stay married? I've been told the new rules require 10
    > years. He always JOKES about having me deported. Secondly, I have my own
    > apartment with 4 months lefted on the lease. If I marry him tomorrow do I have to
    > break the lease and move in with him immediately because of INS rules.
1. If you have doubts about the relationship, I don't recommend that you marry in the
first place. You sound like you do.
2. The absolute most rapid, fail-safe method for you to marry and obtain a green card
would be to marry and then both of you go to Sweden and file directly at the
Helsinki consulate. He could return to the US as soon as the filing was done. You
would return to the US in 3 months or less, with a green card when you enter the
US. Once you made that entry, even if the marriage failed, you could file for
removal of conditions on the card and stay with a permanent green card, providing
of course that you could show that the marriage was bona fide in the first place.
3. If you marry and file AOS in the US (not leaving), it could take up to two years
to become adjusted to resident status. Once adjusted, however, even if only a
temporary card, you can file for removal of conditions based on divorce, again
providing that you show the original marriage was bona fide.
4. ***NEVER FORGET that many serious things are said in jest.*** Refer to the
"DCF:Which visa" link on doc steen site for further info:
http://k1.exit.com
--
Mona

Rete Sep 9th 2002 11:17 pm

Re: Thinking about marrying my boyfriend
 
Assuming you are asking this question for curiosity sake and not because you only want to marry him for a green card and to remain in the US, the answer is you have to remain married until you have your AOS interview and are approved for a green card. If the AOS interview is before your second wedding anniversary your status is conditional permanent resident and your green card is good for two years. This means you have to apply as a couple to remove the conditions 1 year and 9 months after the approval date. Or you can apply for the removal of the conditions after your divorce. If the AOS interview is after your second wedding anniversary, the green card is good for then years with the conditions.

As for the lease, it appears that you are living in the US and not visiting as a tourist. It is highly irregular for a tourist to have an apartment lease in their name, unless you are a Canadian wintering in FLorida ;-)

The lease issue is up to your landlord as to whether you can break it without penalty. It would help to assure INS that you are legitimately married if you reside together, but it is not mandatory as long as you can prove the reason why you aren't.

Rete

PS the 10 years is probably in regard to the affidavit of support he has to file for you.

Des Sep 10th 2002 8:31 am

Re: Thinking about marrying my boyfriend
 
As for the lease issue - is that for your apartment in Sweden?
- Des


    > As for the lease, it appears that you are living in the US and not visiting as a
    > tourist. It is highly irregular for a tourist to have an apartment lease in their
    > name, unless you are a Canadian wintering in FLorida ;-)


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