wanting to get married but how and where?

[TracyTN 237]

That's unnecessarily rude pushbrk, don't you think?

Not to mention condescending.

[jburge97 0]

So here is where it gets tricky...

He has been in the US since '02 pursuing his education. We met last year (and can prove that).

We both finish our graduate programs in December 07. However his student visa doesn't expire until August of 2008- we planned that once we graduate we are going to go to Austria together for apx 2 months of holiday/christmas before coming back to NYC (where we live and go to school) to find work/jobs sometime in Feb 08.

It is my understanding that unless one is approved for the one year Optional Practical Training, a student visa is void 60 after graduation/leaving school, regardless of what the expiration date on the actual visa says. That's why they write "valid until: d/s (duration of study)" on a student's I-94 at the port of entry. If I am correct (you may want to verify at his school's international office) then your plan would not work. I agree with previous poster whose advice is to marry before he leaves the country.

Edited August 17, 2007 by jburge97

[pushbrk 12,568]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

I got to this post and had to reply....and I'm sure it's been replied to already, but I'll say it again for emphasis.

THIS WOULD NOT BE FRAUD.

Fraud is lying at the POE that you're coming in for other reasons when you truly intend to marry and immigrate. If the foreign SO is already in the US for legit reasons, IT IS NOT FRAUDULENT TO MARRY AND THEN APPLY FOR AOS AS LONG AS THERE WAS NO INTENT UPON ENTRYYour advice here would cause unnecessary time apart & much hassle. The real 'best bet' is for the couple to marry now, and adjust status.

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

Exactly. That's why the English language uses complete sentences. Check the part of the sentence that comes after the "and".

We are not addressing bona fides at this point BECAUSE that's a separate issue.

That's unnecessarily rude pushbrk, don't you think?

I am only trying to help others understand that it's INTENT TO IMMIGRATE which creates problems upon entry. Bonafides are indeed a separate issue but they are being lumped into the discussion.

Then what part of what I wrote did you think indicated otherwise? I think your questions were unnecessary and pedantic. If you had something to add to the discussion or another way of explaining the same points, then go for it.

I think my most recent response to you was pedantic but evidently necessary to get the point across, that we're on the same page. Yes, Intention to "marry" is not the issue. Intending to marry AND staying to adjust status (immigrating) creates the problems, not so much on entry but upon attempting to adjust status. Since we're discussing the intent to use marriage to a US Citizen as the basis for immigration, I prefer to keep the "marriage" part of the equation in the explanation. You, of course are just as free to leave it out.

I still don't have a clue what part of that you think any earlier post might have been at odds with your position in the matter. "Intent to what" was clearly indicated in the paragraph from which you snipped a fragment.

[GabachaYucateca 0]

Welcome to the forum, Tokori!

As others have indicated, your plans to marry are no problem, but you might find yourself adjusting your travel plans to make sure that all bases are covered.

Others have answered your question much better and more completely than I can, I just feel bad that you joined yesterday and in your quest for information have been victim of the endless back and forth that seems to happen around here often.

[rebeccajo 14]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

I got to this post and had to reply....and I'm sure it's been replied to already, but I'll say it again for emphasis.

THIS WOULD NOT BE FRAUD.

Fraud is lying at the POE that you're coming in for other reasons when you truly intend to marry and immigrate. If the foreign SO is already in the US for legit reasons, IT IS NOT FRAUDULENT TO MARRY AND THEN APPLY FOR AOS AS LONG AS THERE WAS NO INTENT UPON ENTRYYour advice here would cause unnecessary time apart & much hassle. The real 'best bet' is for the couple to marry now, and adjust status.

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

Exactly. That's why the English language uses complete sentences. Check the part of the sentence that comes after the "and".

We are not addressing bona fides at this point BECAUSE that's a separate issue.

That's unnecessarily rude pushbrk, don't you think?

I am only trying to help others understand that it's INTENT TO IMMIGRATE which creates problems upon entry. Bonafides are indeed a separate issue but they are being lumped into the discussion.

Then what part of what I wrote did you think indicated otherwise? I think your questions were unnecessary and pedantic. If you had something to add to the discussion or another way of explaining the same points, then go for it.

I think my most recent response to you was pedantic but evidently necessary to get the point across, that we're on the same page. Yes, Intention to "marry" is not the issue. Intending to marry AND staying to adjust status (immigrating) creates the problems, not so much on entry but upon attempting to adjust status. Since we're discussing the intent to use marriage to a US Citizen as the basis for immigration, I prefer to keep the "marriage" part of the equation in the explanation. You, of course are just as free to leave it out.

I still don't have a clue what part of that you think any earlier post might have been at odds with your position in the matter. "Intent to what" was clearly indicated in the paragraph from which you snipped a fragment.

I am not at 'odds' with anything posted, nor with anyone. Nor being pedantic as you call it.

The complete sentences written by posters within the structure of their posts indicated to me a slight confusion on their part as to what the adjudicator will be looking at.

A 'devilish detail' as some would call it, rather than pedantic.

Whatever we think, a consult with an immigration attorney would be the best recommendation for this poster. Especially given the fact the intending immigrant states his future goals included finding a job in the US after his stay here as a student.

Given that revelation, are my questions a bit less 'pedantic' now?

Edited August 17, 2007 by rebeccajo

[pushbrk 12,568]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

I got to this post and had to reply....and I'm sure it's been replied to already, but I'll say it again for emphasis.

THIS WOULD NOT BE FRAUD.

Fraud is lying at the POE that you're coming in for other reasons when you truly intend to marry and immigrate. If the foreign SO is already in the US for legit reasons, IT IS NOT FRAUDULENT TO MARRY AND THEN APPLY FOR AOS AS LONG AS THERE WAS NO INTENT UPON ENTRYYour advice here would cause unnecessary time apart & much hassle. The real 'best bet' is for the couple to marry now, and adjust status.

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

Exactly. That's why the English language uses complete sentences. Check the part of the sentence that comes after the "and".

We are not addressing bona fides at this point BECAUSE that's a separate issue.

That's unnecessarily rude pushbrk, don't you think?

I am only trying to help others understand that it's INTENT TO IMMIGRATE which creates problems upon entry. Bonafides are indeed a separate issue but they are being lumped into the discussion.

Then what part of what I wrote did you think indicated otherwise? I think your questions were unnecessary and pedantic. If you had something to add to the discussion or another way of explaining the same points, then go for it.

I think my most recent response to you was pedantic but evidently necessary to get the point across, that we're on the same page. Yes, Intention to "marry" is not the issue. Intending to marry AND staying to adjust status (immigrating) creates the problems, not so much on entry but upon attempting to adjust status. Since we're discussing the intent to use marriage to a US Citizen as the basis for immigration, I prefer to keep the "marriage" part of the equation in the explanation. You, of course are just as free to leave it out.

I still don't have a clue what part of that you think any earlier post might have been at odds with your position in the matter. "Intent to what" was clearly indicated in the paragraph from which you snipped a fragment.

I am not at 'odds' with anything posted, nor with anyone. Nor being pedantic as you call it.

The complete sentences written by posters within the structure of their posts indicated to me a slight confusion on their part as to what the adjudicator will be looking at.

A 'devilish detail' as some would call it, rather than pedantic.

Whatever we think, a consult with an immigration attorney would be the best recommendation for this poster. Especially given the fact the intending immigrant states his future goals included finding a job in the US after his stay here as a student.

Given that revelation, are my questions a bit less 'pedantic' now?

No. If you have a clarification or recommendation, make it. The answer to your question was clear in the paragraph from which you snipped your quote and offered no clarification or recommendation.

[GabachaYucateca 0]

What a welcome wagon to Visa Journey!!!

I wonder if the OP has sufficiently been scared away by the back and forth snipes!

[rebeccajo 14]

I have a co-worker who was in a similar situation. She married her boyfriend who was here on a student visa for several years. So far they havent had any problems, other than coming up with the fees for AOS, but I cant say everyone would have such a smooth ride. I think most of her success was due to the fact that he had already been here for several years. I wouldnt recommend automatically getting married now, and circumventing the K-visas altogether, because you can be nailed for fraud. You have several options, which are all laid out in the Guides section above. Best advice is for your honey to go back home before his visa expires. It can reflect very badly on him in the future if he overstays his visa and tries to file for another one (of any kind). Best of luck to you

I got to this post and had to reply....and I'm sure it's been replied to already, but I'll say it again for emphasis.

THIS WOULD NOT BE FRAUD.

Fraud is lying at the POE that you're coming in for other reasons when you truly intend to marry and immigrate. If the foreign SO is already in the US for legit reasons, IT IS NOT FRAUDULENT TO MARRY AND THEN APPLY FOR AOS AS LONG AS THERE WAS NO INTENT UPON ENTRYYour advice here would cause unnecessary time apart & much hassle. The real 'best bet' is for the couple to marry now, and adjust status.

Intent to do what?

Marry and then apply for AOS or "marry and immigrate", both of which are described in the sentences preceding.

There's no harm in entering the US with intent to marry.

Exactly. That's why the English language uses complete sentences. Check the part of the sentence that comes after the "and".

We are not addressing bona fides at this point BECAUSE that's a separate issue.

That's unnecessarily rude pushbrk, don't you think?

I am only trying to help others understand that it's INTENT TO IMMIGRATE which creates problems upon entry. Bonafides are indeed a separate issue but they are being lumped into the discussion.

Then what part of what I wrote did you think indicated otherwise? I think your questions were unnecessary and pedantic. If you had something to add to the discussion or another way of explaining the same points, then go for it.

I think my most recent response to you was pedantic but evidently necessary to get the point across, that we're on the same page. Yes, Intention to "marry" is not the issue. Intending to marry AND staying to adjust status (immigrating) creates the problems, not so much on entry but upon attempting to adjust status. Since we're discussing the intent to use marriage to a US Citizen as the basis for immigration, I prefer to keep the "marriage" part of the equation in the explanation. You, of course are just as free to leave it out.

I still don't have a clue what part of that you think any earlier post might have been at odds with your position in the matter. "Intent to what" was clearly indicated in the paragraph from which you snipped a fragment.

I am not at 'odds' with anything posted, nor with anyone. Nor being pedantic as you call it.

The complete sentences written by posters within the structure of their posts indicated to me a slight confusion on their part as to what the adjudicator will be looking at.

A 'devilish detail' as some would call it, rather than pedantic.

Whatever we think, a consult with an immigration attorney would be the best recommendation for this poster. Especially given the fact the intending immigrant states his future goals included finding a job in the US after his stay here as a student.

Given that revelation, are my questions a bit less 'pedantic' now?

No. If you have a clarification or recommendation, make it. The answer to your question was clear in the paragraph from which you snipped your quote and offered no clarification or recommendation.

What part of my recommendation did you miss?

[pushbrk 12,568]

What part of my recommendation did you miss?

Well, you show me the recommendation I missed in the following text. It's all that was in the post I refer to. You know, the one that started this exchange with you.

Your wrote only...

Intent to do what?

Cutting to the chase, there isn't any recommendation. That's why I said if you had one, then make it instead of asking a pedantic question, to which the answer had already been given in the text you responded to.

Are we on the same page yet?

Edited August 18, 2007 by pushbrk

[LaL 418]

please let it go

[rebeccajo 14]

What part of my recommendation did you miss?

Well, you show me the recommendation I missed in the following text. It's all that was in the post I refer to. You know, the one that started this exchange with you.

Your wrote only...

Intent to do what?

Cutting to the chase, there isn't any recommendation. That's why I said if you had one, then make it instead of asking a pedantic question, to which the answer had already been given in the text you responded to.

Are we on the same page yet?

Pushbrk, there was no recommendation in that text. The text you highlight is a question.

Your style is 'straight talk'. It's a valuable addition to the community. My style - sometimes - is to ask a question, which will hopefully lead to a thoughtful discussion. I would hope there would be some value in that style as well.

My recommendation to the OP, especially in light of what her foreign fiance has declared, is further down in the conversation.

I have no dog in this fight nor am I attempting to promote controversy. I only wanted to ask readers to think. I am dismayed you find my attempts at that as pointless.

[pushbrk 12,568]

What part of my recommendation did you miss?

Well, you show me the recommendation I missed in the following text. It's all that was in the post I refer to. You know, the one that started this exchange with you.

Your wrote only...

Intent to do what?

Cutting to the chase, there isn't any recommendation. That's why I said if you had one, then make it instead of asking a pedantic question, to which the answer had already been given in the text you responded to.

Are we on the same page yet?

Pushbrk, there was no recommendation in that text. The text you highlight is a question.

Your style is 'straight talk'. It's a valuable addition to the community. My style - sometimes - is to ask a question, which will hopefully lead to a thoughtful discussion. I would hope there would be some value in that style as well.

My recommendation to the OP, especially in light of what her foreign fiance has declared, is further down in the conversation.

I have no dog in this fight nor am I attempting to promote controversy. I only wanted to ask readers to think. I am dismayed you find my attempts at that as pointless.

I think your style has a lot of value. I think that question was pedantic and therefore didn't add value. It served no purpose because it had already been answered. That's my opinion. Opinions vary. Please don't read any personal condemnation into my opinion about a single pedantic question.

[tokori 0]

It is my understanding that unless one is approved for the one year Optional Practical Training, a student visa is void 60 after graduation/leaving school, regardless of what the expiration date on the actual visa says. That's why they write "valid until: d/s (duration of study)" on a student's I-94 at the port of entry. If I am correct (you may want to verify at his school's international office) then your plan would not work. I agree with previous poster whose advice is to marry before he leaves the country.

I believe he already got approved for that, as he is able to work part time until August next year and has his work authorization card.

I will call the int. student office and see what they can tell me about the details of all of this.

I know he will be allowed currently to be readmitted to the US for 3 months after graduation, his student visa, as he understands it, is valid for 3 more years although he can't leave the country during that time and be remitted if he is no longer a student, as he needs the signature of the dean (which is only valid for 6 months at a time)

It sounds like marrying now is the easiest thing. Although I am curious how it would work if he is admitted to the US on a work visa/permit.. then again it *should* be a change of status. If his intention is to work here and his intention as always been to work here, then wouldn't his intention then be 'to work and marry in the US'? We still don't know if this is where we want to be for the long run. I'm still pushing to move back to the EU when we decide to start a family.

What areas of the US tend to be the most painless for marrying a non-citzen?

Edited August 18, 2007 by tokori

[Caladan 19]

The problem is that the F-1 isn't dual intent, meaning it's purpose is to study (or here, extended past his studies with the dean's permission), but not to immigrate. (i.e., normally, you leave once you're done.) Some visas (the H1-B, one of the Ls) are dual intent, meaning that you can use them having the intent to work AND immigrate. I know, it seems weird.

As far as where to marry, pretty much anywhere that you can get a marriage license. Most places seem to be satisfied with a valid passport and a social security number (or a good reason for not having one.) You should call the office for the county where you want to get married, as in my experience the information they have online tends to pre-suppose someone is a citizen.

[tokori 0]

The problem is that the F-1 isn't dual intent, meaning it's purpose is to study (or here, extended past his studies with the dean's permission), but not to immigrate. (i.e., normally, you leave once you're done.)

ok, that makes sense but doesn't. Which I guess I expect with this sort of stuff ... when having to cut into red tape..

Although if he already is working part time on a F-1 doesn't that mean he is dual intenting already?

I guess it doesn't matter what I think, its what the immigration office thinks.. I just don't understand what the difference is, of marrying now on an F-1 vs. marrying sometime in the coming year or two when he is here on a HB or whatever its called-- wouldn't the process be essentially the same? And how exactly do you ever prove intentions one way or another?

regardless all of your advice is pretty much the same: marry now.