Marriage location?

[SharkGirl 0]

Hi all, 

 

I'm new to VisaJourney 

 

My boyfriend and I currently both live in the United States, but he has to go back to his home country because his visa is expiring. I am a U.S. citizen and he is not. We are considering getting married. Would it change the process significantly if we married abroad vs. marrying in the U.S.?

 

Thanks in advance! 

[heo luoi 206]

Rather large difference. Welcome. Suggest you read up.

Check out the guides.

If hes already here, you could try for the  direct AOS route.

[SharkGirl 0]

1 minute ago, heo luoi said:

Rather large difference. Welcome. Suggest you read up.

Check out the guides.

If hes already here, you could try for the  direct AOS route.

Thanks heo luoi! I've looked at the guides but I'm feeling overwhelmed 

 

How much longer do you think it would take if married abroad? 

[zilchfox 296]

Hi SharkGirl, welcome.

 

Yes, it's a major difference. Since your fiance (he's no longer your boyfriend if you intend to marry) is currently abroad, you have two choices — both will end up with a Green Card in about over a year, however one can get him to move to the U.S. sooner, although he cannot work right away:

 

- K-1 visa is for those who intend to come to the U.S. and get married. It will take about 6 months for your fiance to receive the visa, move to the U.S., get married, and then another 6 months for Adjustment of Status. Until he has his EAD/AP or Green Card, he is NOT allowed to work. [K-1 Guide]

- IR-1 / CR-1 visa is for those who are already married, however your (then) spouse is still abroad. It will take about a year to get the visa, however this visa automatically becomes a green card the moment he enters the U.S., he is allowed to work from day 1. [CR-1/IR-1 Guide]

Edited May 4, 2017 by zilchfox

[SharkGirl 0]

4 minutes ago, zilchfox said:

Hi SharkGirl, welcome.

 

Yes, it's a major difference. Since your fiance (he's no longer your boyfriend if you intend to marry) is currently abroad, you have two choices — both will end up with a Green Card in about over a year, however one can get him to move to the U.S. sooner:

 

- K-1 visa is for those who intend to come to the U.S. and get married. It will take about 6 months for your fiance to receive the visa, move to the U.S., get married, and then another 6 months for Adjustment of Status. Until he has his EAD/AP or Green Card, he is NOT allowed to work.

- IR-1 / CR-1 visa is for those who are already married, however your (then) spouse is still abroad. It will take about a year to get the visa, however this visa automatically becomes a green card the moment he enters the U.S., he is allowed to work from day 1.

Hi Zilchfox,

Under an IR-1, he would have to stay in his home country for about a year until his visa was approved?

Edited May 4, 2017 by SharkGirl

[zilchfox 296]

2 minutes ago, SharkGirl said:

Hi Zilchfox,

Under an 1R-1, he would have to stay in his home country for about a year until his visa was approved?

I edited my original post with links to the specific guides for each visa, see above.

 

He can visit while the paperwork is processing, HOWEVER he needs to prove he's got strong ties back home — most people don't risk it and usually do not visit the U.S. while they have their applications processing. It would be better (and easier) for you to visit him instead in the interim. This applies for any visa.

Edited May 4, 2017 by zilchfox

[zilchfox 296]

Also question, is he already in the U.S.? If so and if you get married while he's visiting, you can adjust directly without him leaving.

[SharkGirl 0]

1 minute ago, zilchfox said:

Also question, is he already in the U.S.? If so and if you get married while he's visiting, you can adjust directly without him leaving.

Yes, we are both currently living in the U.S. 

If we got married here he would immediately be allowed to stay?

[zilchfox 296]

1 minute ago, SharkGirl said:

Yes, we are both currently living in the U.S. 

If we got married here he would immediately be allowed to stay?

Okay, if that's the case, then yes, as long as you file for AOS after marriage. There's a guide here, where you file for I-130 (Petition to sponsor spouse), I-131 (Advance Parole or AP), I-765 (Employment Authorization Document or EAD), I-864 (Affidavit of support), and I-485 (Adjustment of Status, or AOS) all at the same time:
 

http://www.visajourney.com/content/i130guide2

 

Once filed, he'll receive his EAD/AP card within 90-120 days, permitting him to work and travel outside the country. DO NOT LET HIM TRAVEL OUTSIDE THE US WITHOUT ADVANCE PAROLE, this can jeopardize your application and USCIS will assume it's been abandoned and closed, which can leave a negative mark.

[Cyberfx1024 7,980]

7 minutes ago, SharkGirl said:

Yes, we are both currently living in the U.S. 

If we got married here he would immediately be allowed to stay?

Yes, what most people do is say get married at the courthouse or a simple church wedding. Once that is done you can then file the AOS right away and he can stay here right away. But he can not work or leave the country until the processing is complete, which is about 6-9 months at the very least. But what most people do is file for Advance Parole(AP) and a temporary work permit(EAD) which will allow him to work until he receives his green card. 

 

 

Also say you get married at the courthouse you can later on down the road have nice renewal of vows. That's my wife and I did and it worked out ok.

Edited May 4, 2017 by cyberfx1024

[zilchfox 296]

Just now, cyberfx1024 said:

Yes, what most people do is say get married at the courthouse or a simple church wedding. Once that is done you can then file the AOS right away and he can stay here right away. But he can not work or leave the country until the processing is complete, which is about 6-9 months at the very least. But what most people do is file for Advance Parole(AP) and a temporary work permit(EAD) which will allow him to work until he receives his green card. 

Correct, although there's nothing wrong with doing a full blown wedding, either, should OP be so inclined. =P

[SharkGirl 0]

1 minute ago, cyberfx1024 said:

Yes, what most people do is say get married at the courthouse or a simple church wedding. Once that is done you can then file the AOS right away and he can stay here right away. But he can not work or leave the country until the processing is complete, which is about 6-9 months at the very least. But what most people do is file for Advance Parole(AP) and a temporary work permit(EAD) which will allow him to work until he receives his green card. 

About how long would it take to receive Advance Parole(AP) and a temporary work permit(EAD)?

[zilchfox 296]

1 minute ago, SharkGirl said:

About how long would it take to receive Advance Parole(AP) and a temporary work permit(EAD)?

90 - 120 days on average after filing, valid for as long as there's a pending I-485 application.

[Cyberfx1024 7,980]

2 minutes ago, SharkGirl said:

About how long would it take to receive Advance Parole(AP) and a temporary work permit(EAD)?

The processing time is on average 90-120 days right now. I just looked and they processing them from January 15th as of right now. 

[SharkGirl 0]

Do you have to notify US immigration in advance that you're going to marry, or you just get married and then tell them?