Marriage after receiving Visa

[solstice 6]

My son received his US immigration visa about a month ago. He decided to return to Russia to wrap up several things going on in his life then travel to the US in March. Now it appears he wants to marry his girlfriend. Has anyone heard of a situation like this? I'm not sure what to tell him, can he get married in Russia then fly to the US by himself with the idea of bringing her over later? Would it be better for them to wait until he gets settled in the US? Any ideas or information would be helpful.

 

Thanks!

[millefleur 5,045]

What visa does he have?

[Allaboutwaiting 2,503]

He should wait until he enters the US and actually becomes a permanent resident.

[solstice 6]

He has an F11 visa. Unmarried son/daughter of US citizen.

[Boiler 45,292]

Sounds like he entered activated his Immigrant status and then went back to finish off a few things?

 

Assuming that is the case then yes he can marry.

[solstice 6]

Actually, he had his interview in November in Warsaw, received his visa then returned to Russia with plans to enter the US in March.

[Boiler 45,292]

5 minutes ago, solstice said:

Actually, he had his interview in November in Warsaw, received his visa then returned to Russia with plans to enter the US in March.

That is different, presumably he was over 18 when you married? If so then you need to be a USC before you can sponsor him and his wife.

 

Sounds pretty tight if he does want to head over to the US, 6 months from the date of the medical.

 

 

[Marieke H 2,467]

His visa category specifically states he is unmarried. If he marries before entering the US on that visa, he is no longer eligible for the visa. Even if it does not cause issues when he enters the US, it will definitely be a problem if he later tries to file an I-130 for his wife to have her immigrate as well. USCIS will then see the date on the marriage certificate and know that he was not eligible to enter and receive permanent residence using this visa.

 

Have him travel to the US first, preferably wait until he receives his green card, and then he can travel back to Russia, marry her, come back to the US, and file a petition for her.

[solstice 6]

I immigrated from Russia about 13 yrs. ago and am now married and a US citizen. My son has been waiting 9 yrs for an immigration interview, he needed to go to Warsaw for his medical and immigration F11 interview. He is 30 yrs old. He received his visa this past November, left Warsaw and returned to Russia planning to come to the US in March. Recently he and his girlfriend decided they wanted to get married. I'm not sure what would be the best for them in getting married in Russia and him coming to the US alone then making arrangements to get her over to the US, or should they wait to get married when she can come to the US. But we all know how long that would take.

[Crazy Cat 41,593]

 

3 minutes ago, Marieke H said:

His visa category specifically states he is unmarried. If he marries before entering the US on that visa, he is no longer eligible for the visa. Even if it does not cause issues when he enters the US, it will definitely be a problem if he later tries to file an I-130 for his wife to have her immigrate as well. USCIS will then see the date on the marriage certificate and know that he was not eligible to enter and receive permanent residence using this visa.

 

Have him travel to the US first, preferably wait until he receives his green card, and then he can travel back to Russia, marry her, come back to the US, and file a petition for her.

Bingo!  That is my understanding also.   

Edited January 12, 2022 by Crazy Cat

[solstice 6]

Thank you for your answers, they sound very logical to me so I will pass this info onto my son and see what happens.

Thanks again!!

[millefleur 5,045]

This website states it pretty clearly:

https://www.alllaw.com/articles/nolo/us-immigration/why-children-must-remain-unmarried-until-green-card-approval.html

 

Unmarried children beware. If you are the unmarried son or daughter of a permanent resident or a U.S. citizen, and you plan to immigrate to the United States as that person's beneficiary, you must not marry before you complete the process of getting a green card (U.S. lawful permanent residence).

 

I don't see there's another option here except for him to enter the US first as unmarried (just like his visa category specifies), activate his LPR status and then get married later after that. They can marry in Russia, the US, a third country...doesn't matter where as long as he does it after entering the US as unmarried and activates his LPR status.

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to Bringing Family of USC forum -- OP's son already has F1 visa but has not yet used it to enter the US ***

 

[Dashinka 24,364]

I agree, hold off getting married after he comes to the US and activates his GC.  He should start researching the F2A process so he can eventually have his spouse apply for a visa.

 

Good Luck!

[retheem 564]

Get into the US and activate his GC first. Every other thing can follow later.