waiting period to marry after entry??

[myjwb 0]

My fiance will travel to the US on Dec 10, we hope, assuming all goes well with the visa interview on Dec 1. We plan to get married before the end of the year (to reap the tax benefits for 2009, and because family will be gathered already for the holidays), so at most 21 days after he arrives in the US. Is there any waiting period after he arrives in the US before we can get married? I know some states have a short waiting period for a marriage license of up to 5 days (depending on the state), but I've checked and there is no such state waiting period in the state where we plan to marry.

The reason I am asking this question is the following: A friend of mine was in the US for several years on a student visa. She fell in love with a US citizen during that time and they decided to marry. She had taken a trip to her home country to visit family. When she returned from that trip (entering on her student visa, as usual) she and her fiance had to wait 45 days before marrying. Is this particular to entering on visas other than a fiance visa?

[Krikit 1,164]

No idea why your friend had to wait 45 days but, in the case of K-1 visa beneficiaries, the only stipulation is that you marry your petitioner within 90 days. There is no waiting period other than the State/County requirements.

[JimVaPhuong 4,863]

Your friend might have waited on the advice of an attorney. Many attorneys seem to be of the opinion that getting married too soon after entering on a non-immigrant visa will trigger an automatic denial of a green card application, while waiting some "magic" number of days will at least result in the USCIS adjudicator looking at the case rather than rubber stamping it. The number I've heard kicked around most often by attorneys is 60 days, but they can recommend anything they want since the time period is not official USCIS policy, but based on the experience of the attorney. The basis which USCIS officially uses is "intent" - what was the intent of the applicant when they entered using the non-immigrant visa? If they believe their intent was to immigrate, then they'll deny the green card application and send the applicant packing.

There is no waiting period for a K1 visa holder to marry. If your state allows it, you can get married at the airport when he arrives.

[Gary and Alla 3,694]

My fiance will travel to the US on Dec 10, we hope, assuming all goes well with the visa interview on Dec 1. We plan to get married before the end of the year (to reap the tax benefits for 2009, and because family will be gathered already for the holidays), so at most 21 days after he arrives in the US. Is there any waiting period after he arrives in the US before we can get married? I know some states have a short waiting period for a marriage license of up to 5 days (depending on the state), but I've checked and there is no such state waiting period in the state where we plan to marry.

The reason I am asking this question is the following: A friend of mine was in the US for several years on a student visa. She fell in love with a US citizen during that time and they decided to marry. She had taken a trip to her home country to visit family. When she returned from that trip (entering on her student visa, as usual) she and her fiance had to wait 45 days before marrying. Is this particular to entering on visas other than a fiance visa?

Not sure what happened with your friend. Some states used to have residency requirements bu most all of those have been phased out. Some states have a 3 day waiting period after getting the marriage lisence, but that is about it. In Vermont, you could get married when he steps off the plane.

Check your local issuing authority

[baron555 934]

My fiance will travel to the US on Dec 10, we hope, assuming all goes well with the visa interview on Dec 1. We plan to get married before the end of the year (to reap the tax benefits for 2009, and because family will be gathered already for the holidays), so at most 21 days after he arrives in the US. Is there any waiting period after he arrives in the US before we can get married? I know some states have a short waiting period for a marriage license of up to 5 days (depending on the state), but I've checked and there is no such state waiting period in the state where we plan to marry.

The reason I am asking this question is the following: A friend of mine was in the US for several years on a student visa. She fell in love with a US citizen during that time and they decided to marry. She had taken a trip to her home country to visit family. When she returned from that trip (entering on her student visa, as usual) she and her fiance had to wait 45 days before marrying. Is this particular to entering on visas other than a fiance visa?

No problem and marrying to take advantage of tax benefits is a good idea. I'll also have to look into that?!!

[belinda63 3,031]

Your state waiting time says when you can. We got the license on Friday (the day after he arrived) and married on Monday.

Edited October 31, 2009 by belinda63

[Gary and Alla 3,694]

My fiance will travel to the US on Dec 10, we hope, assuming all goes well with the visa interview on Dec 1. We plan to get married before the end of the year (to reap the tax benefits for 2009, and because family will be gathered already for the holidays), so at most 21 days after he arrives in the US. Is there any waiting period after he arrives in the US before we can get married? I know some states have a short waiting period for a marriage license of up to 5 days (depending on the state), but I've checked and there is no such state waiting period in the state where we plan to marry.

The reason I am asking this question is the following: A friend of mine was in the US for several years on a student visa. She fell in love with a US citizen during that time and they decided to marry. She had taken a trip to her home country to visit family. When she returned from that trip (entering on her student visa, as usual) she and her fiance had to wait 45 days before marrying. Is this particular to entering on visas other than a fiance visa?

No problem and marrying to take advantage of tax benefits is a good idea. I'll also have to look into that?!!

Yes...do indeed. We got married last September and with it came two people in college (hope tax credit of $2600) plus child credits, etc. HUGE tax refund! By far the biggest ever! If one or more of them do not have an SSN when it is time to file, simply write "pending" in the space for SSN and file your return by mail. You cannot file electronically unless everyone has an SSN