Which is the best way to go

[spongey 0]

Hi

I posted earlier also and I have been reading all the guides, but this all is too confusing for me coz i haven't dealt with this stuff before,

So first of all i am a US citizen and an OCI card holder and my wife is a UK citizen but she is NOT an OCI card holder, we both migrated from India at an early age and then got citizenship overtime.

she came to US on a F1 student visa approx. 2 years back, her study was sponsored by her parents back in UK, who are also UK citizens, I belong to NY and she IS studying in Philly, her study will be completed by the year 2011, we both have common family relations and that is how we met each other, She is residing with her Uncle's family, we decided to get married this year in India and yesterday was our wedding day, we are yet to officialy sign the papers and i wanted to know how should i go about the whole process and which would be the fastest way to go about it. Also she wants to complete her education, how would that be feasible ?

Thanks!

[pushbrk 12,824]

Hi

I posted earlier also and I have been reading all the guides, but this all is too confusing for me coz i haven't dealt with this stuff before,

So first of all i am a US citizen and an OCI card holder and my wife is a UK citizen but she is NOT an OCI card holder, we both migrated from India at an early age and then got citizenship overtime.

she came to US on a F1 student visa approx. 2 years back, her study was sponsored by her parents back in UK, who are also UK citizens, I belong to NY and she IS studying in Philly, her study will be completed by the year 2011, we both have common family relations and that is how we met each other, She is residing with her Uncle's family, we decided to get married this year in India and yesterday was our wedding day, we are yet to officialy sign the papers and i wanted to know how should i go about the whole process and which would be the fastest way to go about it. Also she wants to complete her education, how would that be feasible ?

Thanks!

Assuming her student visa is still valid, she can continue her education. Had you asked these questions before planning the marriage, I would have advised against the legal wedding in India or her leaving the USA until after you were legally married and she adjusted status. Your decisions have unnecessarily complicated the immigration process. You've got some studying to do but there are paths to take that will get you together in the USA permanently, eventually.

[spongey 0]

Legally we haven't signed any papers, the religious ceremony has already taken place yesterday but we are yet to sign in the presence of a marriage registrar.

[pushbrk 12,824]

Legally we haven't signed any papers, the religious ceremony has already taken place yesterday but we are yet to sign in the presence of a marriage registrar.

The two key issues are the marriage abroad and her departure from the USA. This means that at her next US entry, she has immigrant intent, using a non-immigrant visa. It pretty much cancels your ability to adjust her status from inside the USA. She'll need an immigrant spouse visa now, which means she'll need to travel to the UK for a medical and visa interview instead of staying in the USA to adjust status. If she had never left the USA, you could have married here and simply adjusted status.

See the CR1 Guide for details.

Edited January 8, 2010 by pushbrk