Visa options for marriage in US

[barnaby 0]

I am a British citizen planning to marry my US girlfriend.

I am also applying to US universities for PhD programme, fully funded, which would start in Sept 2007 if I am accpeted.

So, can we wait til I am in US as a student, then get married and go through process of obtaining K3 (or maybe other) at our leisure, since I am in US legally under a student visa. Do I not have to go back home to get the K3 (or other)? We want to get married, but I don't strictly speaking NEED to get immigrant visa in order to be in US (if I get accepted onto PhD, of course).

What does anyone think? ANyone have experience of this?

Am new to the whole thing, and certainly a little overwhelmed by the quantity of information you have to absorb. Any words of wisdom would be gratefully received.

[heishe 2]

If you're here on a student visa, you can marry and adjust status directly without having to obtain a K3.

[barnaby 0]

You sure? If that's true then that makes things a hellovalot more straightforward, right? Do you think we can get married now, if I am just here on the visa waiver prog, and then adjust status later?

I am a British citizen planning to marry my US girlfriend.

I am also applying to US universities for PhD programme, fully funded, which would start in Sept 2007 if I am accpeted.

So, can we wait til I am in US as a student, then get married and go through process of obtaining K3 (or maybe other) at our leisure, since I am in US legally under a student visa. Do I not have to go back home to get the K3 (or other)? We want to get married, but I don't strictly speaking NEED to get immigrant visa in order to be in US (if I get accepted onto PhD, of course).

What does anyone think? ANyone have experience of this?

Am new to the whole thing, and certainly a little overwhelmed by the quantity of information you have to absorb. Any words of wisdom would be gratefully received.

[Boiler 46,107]

The F1 requires amongst other things that you demonstrate non immigrant intent.

Which sounds like it may be an issue.

[payxibka 10,047]

You sure? If that's true then that makes things a hellovalot more straightforward, right? Do you think we can get married now, if I am just here on the visa waiver prog, and then adjust status later?

I am a British citizen planning to marry my US girlfriend.

I am also applying to US universities for PhD programme, fully funded, which would start in Sept 2007 if I am accpeted.

So, can we wait til I am in US as a student, then get married and go through process of obtaining K3 (or maybe other) at our leisure, since I am in US legally under a student visa. Do I not have to go back home to get the K3 (or other)? We want to get married, but I don't strictly speaking NEED to get immigrant visa in order to be in US (if I get accepted onto PhD, of course).

What does anyone think? ANyone have experience of this?

Am new to the whole thing, and certainly a little overwhelmed by the quantity of information you have to absorb. Any words of wisdom would be gratefully received.

What visa would you be entering on F-1? J-1? Else?

[YuAndDan 153]

Two things:

Dont marry to soon after arriving in the states, wait a few months.

And depending on Student visa type, you may have a 2 year foreign residency condition placed on it that may need a waiver applied.

See this guide about AOS from other visa types:

http://www.visajourney.com/forums/index.ph...p;page=otheraos

[heishe 2]

Sounds like he'd be on an F1, in which case the 2 year thing doesn't apply. Barnaby, it might be better if you didn't marry before you enter on your student visa, because having an American wife might indicate an intention to immigrate, which is a no-no for people wanting student visas.

Disclaimer: I do not necessarily know what I'm talking about.

Edited October 25, 2006 by heishe

[barnaby 0]

Very helpful, thank you.

I would be entering on K1, I think, and according to the info you directed me to, the actual marriage isn't an issue (I could do that almost straight away). The AOS is what I have to wait for.

It's a toss-up, really. I mean, we are thinking of applying for K1 and doing it that way. But it seems hardly worth all the effort if I am going to legally here anyway for several years and can by-pass all those fees, flights too and fro, and time-consuming form-filling, not to mention the stress factor.

Is there something I am overlooking?

CORRECTION - of course I meant F1, not K1 (at the beginning of my last posting). So many letters and numbers, it's confusing.

[payxibka 10,047]

You sure? If that's true then that makes things a hellovalot more straightforward, right? Do you think we can get married now, if I am just here on the visa waiver prog, and then adjust status later?

I am no expert either but I would not marry while in country on VWP. I am certain that has some strict regs and prohibitions for AOS

[Caladan 19]

A good friend of mine in college married a young man from Romania while he was here on a J-1, and they adjusted status successfully sometime last year. But, and here's one possible snag, they didn't know each other before he moved here, as they met while they were both in school.

As a grad student, you should be eligible for a J-1 if you get funding. This site very helpfully lays out your options as a student. You'll have to check, if you're on a J-1, whether your field is subject to the two-year home residency requirement; if so, you'd have to file a waiver in order to remain and marry.

Your university's international office, once you're accepted and in the country, should be able to help you out with your legal options. This is most of the reason I'm posting; they deal with this sort of thing all the time.

[Yodrak 7]

barnaby,

Have a consultation with an immigration attorney to discuss all of your plans - marriage, school, whatever else - and get some advice on options that will address all of your desires.

Yodrak

Very helpful, thank you.

I would be entering on K1, I think, and according to the info you directed me to, the actual marriage isn't an issue (I could do that almost straight away). The AOS is what I have to wait for.

It's a toss-up, really. I mean, we are thinking of applying for K1 and doing it that way. But it seems hardly worth all the effort if I am going to legally here anyway for several years and can by-pass all those fees, flights too and fro, and time-consuming form-filling, not to mention the stress factor.

Is there something I am overlooking?

CORRECTION - of course I meant F1, not K1 (at the beginning of my last posting). So many letters and numbers, it's confusing.

[Boiler 46,107]

Very helpful, thank you.

I would be entering on K1, I think, and according to the info you directed me to, the actual marriage isn't an issue (I could do that almost straight away). The AOS is what I have to wait for.

It's a toss-up, really. I mean, we are thinking of applying for K1 and doing it that way. But it seems hardly worth all the effort if I am going to legally here anyway for several years and can by-pass all those fees, flights too and fro, and time-consuming form-filling, not to mention the stress factor.

Is there something I am overlooking?

CORRECTION - of course I meant F1, not K1 (at the beginning of my last posting). So many letters and numbers, it's confusing.

I will try again.

A F1 requires non immigrant intent, you have immigrant intent.

[meauxna 15]

I am a British citizen planning to marry my US girlfriend.

I am also applying to US universities for PhD programme, fully funded, which would start in Sept 2007 if I am accpeted.

Right there you have disqualified yourself for a student visa.

If you are planning on moving to the US, want to attend university AND intend to marry a USC, a marriage based visa is the fastest, cheapes and easiet option.

I don't understand why you would want to complicate life so much.

[barnaby 0]

Interesting range of advice from everyone.

I think, as a graduate student i could come in on F1 or J1. Either way I am not subject to the Home Residency Requirement, so that's okay.

As for the Intent to Immigrate thing, I genuinely want to come to the US to study, not just to be with my wife. It just happens that the two things co-incide. I obviously wouldn't tell anyone I was getting the student visa JUST in order to be able to immigrate. In fact I don't necessarily care much about immigrating just now. More important is to get married and get into the university programme. We could live like that for five years and then apply for AOS.

It seems to me (re. your posting, meauxna) that getting a student visa is much cheaper and more straighforward than getting K1. Is this not the case? People on this website seem to be having lots of traumas and delays getting their K1. Nobody has any trouble getting a student visa once accepted to a uni.

Someone correct me if I am wrong.

Also I am certainly taking advice of an attourney at this point, just to get the definitive answer (though I suspect there maybe is no such thing).

[Boiler 46,107]

Someone correct me if I am wrong.

My K1 was long winded, but drama free. I believe that is the norm. Certainly has been for everybody I have physically met, but then most do not hang around boards such as this one.

Whether you will have issues with the F1 in your circumstances is by no means certain.

I have seen plenty of posts from those with F and J issues, obviously not normally seen posted on here.