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Filed: Other Country: India
Timeline

I am a citizen dating someone that is not a citizen. TOTALLY in love and want to know what we will be facing in future if we decide to get married. Im one of those that (as long as you are good to me and not cheating) dont get too much into personal business in the start of a relationship at least. I do have a few questions. Can you enter as a student and be here over two years legally? If a person is not here legally can you still marry them without issues and they remain in the US with you? I hope im wording this correctly. I just want to be prepared for anything which could come in the way of what I feel is really the happiest time of my life.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from US Citizenship Discussion to What Visa Do I Need - Family Based Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Sounds like you are saying the person is already here on a student visa and you want to know if you can marry them and file the paperwork? if so, yes you can.

If you are asking if they can come on a student visa when in reality its not to attend school and its to get here to get married that is immigration fraud and if you get caught its not going to go well for you or them =).

I hope that makes sense.

1/16/2013: NOA1
5/29/2013: XFER TO TSC
6/24/2013: NOA2
7/11/2013: Mailed to NVC
7/19/2013: Received NVC#(MNL#) in email
7/22/2013: Petition packet Shipped to Manila from NVC "In Transit"
7/24/2013: Petition package received in Manila - Consulate ready for interview
8/01/2013: Medical at St Luke's PASSED!!!
8/12/2013: INTERVIEW American CO " APPROVED"
8/13/2013: CEAC STATUS - administrative processing

8/15/2013: CEAC STATUS - ISSUED

8/26/2013: received VISA

9/05/2013: POE - GUAM -Flight from MNL to El Paso, TX- BEST DAY EVER =)

10/5/2013: Married!!

11/13/2013: Filed AOS / EAD/ & AP

11/18/2013: NOA1 all

12/12/2013: Biometrics completed

05/27/2014: AOS Interview

05/27/2014: AOS approved Received GC a week later.

10/08/2014: Report of Marriage & Passport Renewal LA Consultate General

See Hank_'s guide after NOA2:

red_flashing_arrow.gif Link to the K-1 Visa Process for Manila Embassy : Click Here

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If your love qualifies for a student visa then yes that would be a good way for the two of you to be in the same country for a while and get to know each other. At this stage that sounds what you are thinking about, though also thinking through your potential long-term options.

if you want to marry you can:

1) Apply for a fiance visa, when that is approved they can come to the US and you can marry. Or

2) Get married in the US or the foreign country, then apply for a spousal visa. Once approved they can move to the US. (Whilst waiting for approval you will only be able to visit each other.) Or
3) If they are currently in the US then you can marry and then they can adjust status.

If they are in the US illegally then there are a lot of potential problems. It all depends on the situation. You would need to evaluate their exact status, history, means of entering, and what they have been doing in the US.

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Filed: Timeline

I am a citizen dating someone that is not a citizen. TOTALLY in love and want to know what we will be facing in future if we decide to get married. Im one of those that (as long as you are good to me and not cheating) dont get too much into personal business in the start of a relationship at least. I do have a few questions. Can you enter as a student and be here over two years legally? If a person is not here legally can you still marry them without issues and they remain in the US with you? I hope im wording this correctly. I just want to be prepared for anything which could come in the way of what I feel is really the happiest time of my life.

A student attending college/university in the US can stay legally in the country for the entire duration of his studies. If his studies exceed 2 years, no problem as long as he attends classes and does not work unauthorized.

As far as illegal presence, this gets tricky and technical. If he entered legally as a student, but stayed beyond his welcome, this is not a large obstacle if he ends up getting married to a USC.

Simply put, if he is currently in the US, and entered legally, and you end up getting married, you should not have any problems. He will not have to leave the US during the process of him getting permanent residency.

Edited by jaycali
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  • 9 months later...
Filed: Other Country: India
Timeline

Thanks all! Very useful information. I think im going to just chill & see if someone else comes along. Seems to be one issue after another & its issues that could be avoided soooooo, maybe i will meet someone else to capture my heart. Funny how you can be in love & a person's actions push you away!

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