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Illy

H4 after wedding in the US between noncitizens

By Illy in Work Visas

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Illy Rookie

Illy   0

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Hi community,

 

I am on H1B visa. My boyfriend is a European citizen living in Europe and we were planning to get married so he could apply for H4. Now the question is, since I might not have enough time to return home, can he come visit me on an ESTA and we get married in the US? As long as he returns home before the 90 days period, and could he then apply for the H4. 

From my research this seems OK, since he would return home so not overstaying the esta period, but I couldn't find any official resource about this.

Has anyone ever done this ? Would it pose a problem at the H4 interview the fact that the marriage happened in the US?

 

I am thinking this is reasonable, because if my job doesn't allow me vacation times long enough to have a wedding at home, what other possibilities could we have?

Your advice is greatly appreciated

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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No issue marrying within the US. Since he will return home to complete the visa process, there's no issue there either (he can't COS within the US anyway as a VWP traveler).

 

Getting married in most countries - US included - takes a matter of days. Vegas alone can be airport -> chapel.  Some take weeks. A few take even longer.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Illy Rookie

Illy   0

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21 hours ago, geowrian said:

No issue marrying within the US. Since he will return home to complete the visa process, there's no issue there either (he can't COS within the US anyway as a VWP traveler).

 

Getting married in most countries - US included - takes a matter of days. Vegas alone can be airport -> chapel.  Some take weeks. A few take even longer.

Thank you.

So it wouldn;t be a problem at the H4 interview the fact that the marriage happened in usa under an esta? could they argue the esta was misused, or no because as long as he returns home then the esta was properly used?

 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
21 minutes ago, Illy said:

So it wouldn;t be a problem at the H4 interview the fact that the marriage happened in usa under an esta? could they argue the esta was misused, or no because as long as he returns home then the esta was properly used?

I don't see why it would be a problem. Plenty of people do destinations weddings.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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