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sunshine48

US citizen marrying non US citizen but not intending to reside in the country.

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sunshine48 Newbie

sunshine48   0

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Hello everyone, I am US citizen and my fiance is from Brazil. Right now we are living apart in our home countries but in the fall he is going abroad in Europe for grad school. I am going with him so we were planning on him coming in the summer to the US, and we will get married so my family can be there and then go abroad for the next three years. Are there any complications involved in that? If he is not a citizen and not yet applying for citizenship can we legally get married here? I'm guessing that when we are abroad, at some point, if we decide to go back to the US we would apply for the K3 visa. I'm just wondering what legal circumstances our situation entails?

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Tyeger87 Proficient

Tyeger87   10

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Filed: Timeline
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if you dont intend to stay in the country it is best not to get married until you intend to immigrate

on a visitors to the US a non-us citizen cannot legally get married

i would suggest either living together in europe without getting married and then coming to the US for a legal ceremony

OR if you want to get married now, you can get married in his country and then live in europe and apply for a spousal visa later

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
 Timeline
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You can marry in the US as a visitor yes if you plan to leave after. This is perfectly legal.

You cannot come and marry and intend to stay and file for AOS. Entering as a visitor with intent to immigrate is visa fraud.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Little_My Proficient

Little_My   464

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Filed: Lift. Cond. (pnd) Country: Finland
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if you dont intend to stay in the country it is best not to get married until you intend to immigrate

on a visitors to the US a non-us citizen cannot legally get married

i would suggest either living together in europe without getting married and then coming to the US for a legal ceremony

OR if you want to get married now, you can get married in his country and then live in europe and apply for a spousal visa later

Well, this is just plain wrong.

Yes, he can come to the US with a visitors visa (or any other visa for that matter) and marry you without any legal issues whatsoever, if he is not planning to currently immigrate to the US. People fly here from all over the world to marry under the Brooklyn bridge, at Grand Canyon or by Elvis in Vegas - coming to the US to marry is not against any immigration laws or regulations. Coming here on a non-immigrant visa with the pre-conceived intent to marry a US citizen and then apply for a GC on the other hand is - but since this is not your plan, and you are not intending for him to immigrate here any time soon, you have absolutely nothing to worry about as long as he can get the tourist visa to come here.

Eventually, if you do want him to immigrate here, you will either apply for the CR1 spousal visa, or if you both have been living abroad together and you, the US citizen, have established residence in that foreign country, you can go with the Direct Consular Filing route which is even faster.

Congratulations on the upcoming marriage :) BTW, Adoro Brasil! Morei la duas vezes :)

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** Moving from K3 to General Immigration as OP is not intending on a spousal visa *****

As others have said your plan should work, IF your fiance has/ can get a tourist visa. Once you two are ready to immigrate permanently in a few years, you can file for the IR-1 (as you will be married more than 2 years) via DCF (= directly via the local US embassy). Forget the K3.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Filed: Other Timeline
Posted (edited)

You cannot apply for US citizenship for him. He cannot apply for US citizenship for himself. Not even the President of the United States can make him a US citizen or apply for US citizenship for him.

There is no K-3 visa anymore. INS doesn't exist anymore. Carter is not President anymore.

That's the bad news. The good news is that you can get married without problems in the US, like tens of thousands of tourists do it each and every year. There is really no point in considering an immigrant visa which would lead to a Green Card, if he plans on residing in Europe for the next few years. What he'll need is a B2 visa, and he hope he has one already, because getting one when engaged or married to a US citizen is rather difficult.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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sunshine48 Newbie

sunshine48   0

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Filed: Timeline
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Thank you for all the responses. Yes we would like to get married before leaving our home countries and moving abroad together, and no we do not intend on returning to the US for at least two years. So when we would decide to return, what is it that we would have to do for him to legally live and work here?

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Thank you for all the responses. Yes we would like to get married before leaving our home countries and moving abroad together, and no we do not intend on returning to the US for at least two years. So when we would decide to return, what is it that we would have to do for him to legally live and work here?

You would petition for a spouse visa. If you are both living abroad as a married couple then you ought to refer to this guide here on VJ >> http://www.visajourney.com/content/dcf

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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