K2 wanting to marry a same nationality non US citizen

[Mumu 10]

What happens if a K2 GC holder wants to marry another person of the same nationality, studying in the US, under a student visa?

[belinda63 3,022]

They live happily ever after? They would file the I-130 and when a visa number becomes current they will continue with the processing. If the intending immigrant is in the country in status they can file the I-485 when the visa number becomes current or they will continue the processing for the visa at the consulate.

[Mumu 10]

LOL! Ok so They are both in the US and none of them need to go back in their home country? It's that simple?

[Darnell 8,478]

no.

pay attention to the F2A Priority Date Calendar in the monthly visa bulletin.

[newacct 688]

If you are asking whether foreigners can get married in the U.S., the answer is yes.

[Mumu 10]

Not only I'm asking if a K2 living in the US can marry someone of the same nationality, who's studying or working in the US with a student or a working visa and then this person can stay in the US or not....

[NigeriaorBust 4,087]

For a green card holder there is a line for a spouse to get a green card. sometimes that line takes years. If your student spouse is legally in the country when they get to the front of the line they can stay if their legal status expires before then they have to leave to wait until they are at the front of the line Google visa bulletin and look at the date for F2A that is the date the the person filed who is currently at the front of the line

[Mumu 10]

Not easy to understand.. But thank you

[Darnell 8,478]

can the foreign student 'stay' in the USA and adjust status after marriage, getting a green card, without leaving the USA?

maybe. all depends one the Visa Bulletin and what's current with F2A visa types.

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If they had filed the big AOS set in August or September, it would have gotten almost instant attention, as the priority date was 'current', then.

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Now yer sneaking out of October, and that priority date is slipping. The priority date processing calendars are put out in a monthly visa bulletin, at some point you should study that.

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now, say they get married. Cool ! they're married ! Can file the big AOS set (we've a guide for that) and see what happens, roll the dice, take yer chance. If'n they are lucky, it'll get in the system quickly and an interview date assigned within 5 months.

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If they aren't lucky, he'll have to stay on his student status for the duration. If/When she becomes a USCitizen, well, that changes everything, can bump the petitioner designation at USCIS (LPR to USC) and get instant priority.

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If he finishes his schooling before she becomes a citizen, for example, and the AOS hasn't been processed, he would need to go back to his home country and wait.

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HTH ! Lots of forks in the path, tis a spaghetti decision-tree matrix, to be certain. Might be confusing, at first blush, also.

If the K-1 person gets USCitizenship, then the K-2 person can get it, as well (I THINK) at the same time - do some research on that, see if that's meaningful to you and yours.

Edited October 17, 2013 by Darnell

[Mumu 10]

This is so confusing... Yes they would marry in the US while he'd be on a student visa, or employed somewhere in the US. And doing research is not easy at all.