Emily894

Yeah I think that's what we'll do. I find it all so confusing and just want to get it right !

zerlesen

Ha, my first thought was exactly the same as yours.

OP, the first thing that came up when I googled "O2 visa" indicates that they are not dual intent (whereas O1s are). Assuming that the internet is correct on that point, you have to be careful: if you marry a USC abroad and then enter on the O2 with intent to adjust status, you can get in trouble. If you marry now and immediately file for adjustment, you only have to be able to convincingly argue that this plan has come up since you last entered on the O2. (I think.) While you probably wouldn't get your green card by September, you should be able to get advance parole and an EAD within about three months of filing, so you'd still be able to go back to the UK as planned.

EDIT: Sensible-looking (ie written by lawyers) page 1 Google results are split roughly 50-50 on whether O2 holders have to maintain a foreign domicile to which they intend to return.

ian-mstm

Well, no - not really... it doesn't. You know my standard response in this situation... however, I agree that an attorney may be able to explain the nuances to her.

Ian

fatbrit

It's a non-immigrant visa, but you're coming to stay and adjust status to a resident. May be an issue, may not. As Noorah says, speak to a lawyer. But don't rule out having a quick wedding now and a big ceremony in the UK in September -- sometimes you have to bend a little to make immigration laws work for you.

Emily894

Yeah that's what I'm starting to realise. Thanks everyone for your help and advice.... I'll speak to our lawyer and see what he suggests. If that's what we have to do then that's what we'll do....

jeffreyhy

Right. Who is the O-1 visa holder, I wonder?

Regards, JEff

Emily894

How would that affect the situation?

jeffreyhy

It wouldn't. I'm just wondering.

Regards, JEff

Moonshadow_Girl

Nobody has to know (except your lawyer and USCIS of course) that you had a quickie wedding. My DH and I had a first quickie wedding, then a big family wedding later on. To this day (4 years on) our families are none the wiser for it.

S Folinsky

Why do I hear Kris Kristofferson [or Janis Joplin] crooning "Somewhere near Salinas, I let him slip away...?"

Consultation with immigration counsel is advised. Quite competent immigration attorneys are just up the road in San Jose or in the City.

"Dual intent" is a subject of debate. There has long been a debate on what "intent" really means.

Emily894

UPDATE: I've briefly spoken to our lawyer about this and yes, it looks like we need to get married here, apply for adjustment of status, then go ahead and have the big ceremony / blessing in the UK as planned. Thank you all for your help.

So the next question is... when do they ask all the questions about the legitimacy of our relationship? I assume it's as the adjustment of status is being processed, rather than the actual marriage ceremony? Our relationship is 100% legitimate, we just want to be prepared..... Again, any advice would be much appreciated.

Noorah101

The steps are as follows:

1. Get married (they don't ask any questions)
2. File AOS package (no questions during this phase except for answering all questions honestly on all the forms)
3. Appear in person for an AOS interview, if required (there isn't always an interview, sometimes you get approved without one). If you have an interview, this is where they will ask the questions and you will hand over copies of evidence of your joint life together.

It takes about 6 months to get from number 2 to number 3.

Rene

Emily894

Great thanks Rene, that's very helpful.

Do you know if I will be able to travel anytime during this period? We currently have deposits on a reception venue for the 1st Sept in England, I just hope there's some way we can make that work....

Noorah101

As part of the AOS package, there will be form I-131 which is an application for Advance Parole. It takes about 90 days to get this in-hand after filing AOS. This is what enables you to travel outside the USA without abandoning your AOS process.

I do not know how having an O visa affects the AP document and travel...this would something to ask your lawyer. Ask *before* you leave the USA.

Also, I wouldn't make any definite marriage plans overseas, or book anything that can't be refunded, just in case you can't make that September date. If you file the AOS in March, you are possibly looking at a September AOS interview date. If that date falls during the time you're supposed to be in the UK, you will have to cancel the UK plan. It's not a good idea to reschedule an AOS interview, because there's no guarantee the cancellation will get to the right person in time, and you'll be a no-show at your AOS interview, which means an automatic denial.

Best bet is to wait until you have your green card in hand, and then make firm plans for the ceremony in the UK.

Rene