Student Visa - Restrictions on marriage?

[Belev 0]

My fiance intends on coming to the US later this year on a student visa for post-graduate studies. I am a US citizen and we have been with my fiance for about 5 years now. Is there any problem with my fiance traveling to the US on a student visa in September and then returning to Brazil in November for our wedding? After the wedding can we just return to the US where we will file for the Green Card?

Please offer any suggestions or tips you may have for us. We are pretty flexible, but hoping to keep a Nov 2013 wedding date.

Thanks in advance!

[DavidLovesPheap 6]

From what I understand, the wedding won't affect her student visa, as long as she in enrolled in school she'll be able to continue to return the the US. However, if you plan on getting married, you'll need to submit a CR-1 I believe after you are married (maybe an i-129f, I'm not %100 as to which one to use after your married, but I think after marriage, an i129f is only good for the k-3 non-immagrant spouse visa, only that you HAVE to go the i129f if you aren't married yet, AND plan on marrying in the US (sounds like you want to get married in Brazil, yeah?) but DONT submit an i-129f for fiance, then go and get married before that's approved, that would force you to start over.) and that will take time to process, and the final step, the interview, will need to be done in her country of origin. But as long as she keeps her student status, there should be no problems in the meantime.

So, really two options:

A) 1. Have her come on student visa

2. Get Married in Brazil

3. Come back on the student visa

4. Submit the CR-1 or whatever you have to to (it'll take time, it's not just applying for a green card)

5. Return to Brazil to finish process. DONT overstay the student visa

6. Return to states with whatever it is you get from that

B) 1. Submit i129f for k-1 visa

2. Have her come on student visa

3. Return to Brazil to complete process and have a reception for her side (DONT get married)

4. Travel to US and get married HERE

5. Submit whatever it is to get green card. She should have no problems continuing her studies. You can have multiple eligible visas from what I understand

I'm basically taking route B with my Fiancee, just submitted my i129f, soon as I get NOA1 and enough funds I'm also applying her at ASU's Intensive English Program and submitting a student visa application.

Edited January 2, 2013 by DavidLovesPheap

[Darnell 8,479]

other options:

1. have some cheesecake

2. drink some beer

3. file the I-130 after marriage

[Belev 0]

From what I understand, the wedding won't affect her student visa, as long as she in enrolled in school she'll be able to continue to return the the US. However, if you plan on getting married, you'll need to submit a CR-1 I believe after you are married (maybe an i-129f, I'm not %100 as to which one to use after your married, but I think after marriage, an i129f is only good for the k-3 non-immagrant spouse visa, only that you HAVE to go the i129f if you aren't married yet, AND plan on marrying in the US (sounds like you want to get married in Brazil, yeah?) but DONT submit an i-129f for fiance, then go and get married before that's approved, that would force you to start over.) and that will take time to process, and the final step, the interview, will need to be done in her country of origin. But as long as she keeps her student status, there should be no problems in the meantime.

So, really two options:

A) 1. Have her come on student visa

2. Get Married in Brazil

3. Come back on the student visa

4. Submit the CR-1 or whatever you have to to (it'll take time, it's not just applying for a green card)

5. Return to Brazil to finish process. DONT overstay the student visa

6. Return to states with whatever it is you get from that

B) 1. Submit i129f for k-1 visa

2. Have her come on student visa

3. Return to Brazil to complete process and have a reception for her side (DONT get married)

4. Travel to US and get married HERE

5. Submit whatever it is to get green card. She should have no problems continuing her studies. You can have multiple eligible visas from what I understand

I'm basically taking route B with my Fiancee, just submitted my i129f, soon as I get NOA1 and enough funds I'm also applying her at ASU's Intensive English Program and submitting a student visa application.

David thanks for your input! So you dont think its possible to just go to a courthouse in Brazil, get married, and then since she will technically be my spouse and "relative" file for a I-130 (green card) and wait for approval? Im not sure how long that takes, or if its even possible to just fille immediately for the green card without doing the K-3 or K-1 visa.

Really appreciate the assistance...best of luck to you as well!

[DavidLovesPheap 6]

other options:

1. have some cheesecake

2. drink some beer

3. file the I-130 after marriage

I like the beer and cheesecake option, regardless of what you do.

Quick lookover of visajourney[DOT COM]/content/guides (lol, can't do links yet) shows that the I-130 is actually probably the best way to go. She should be able to qualify to be here on her student visa, and then file the I-130. Check out the guides there to get it first hand

[Belev 0]

I like the beer and cheesecake option, regardless of what you do.

Quick lookover of visajourney[DOT COM]/content/guides (lol, can't do links yet) shows that the I-130 is actually probably the best way to go. She should be able to qualify to be here on her student visa, and then file the I-130. Check out the guides there to get it first hand

Haha agreed...Cheesecake and Beer are a definite...thanks everyone...If anything else comes to mind please share!

[Darnell 8,479]

well, don't forget the tantric massage after the wedding ceremony - many people forget this part.