Can a US citizen get married to F1/OPT EAD card holder outside US? Or in US?

[Gfcdbro 0]

 

Hi all,

Im a us citizen and my gf was an international student who just got her EAD card on OPT. She also has an F1 visa. She was a stem major so she still has 2 years left on her OPT.

We are planning on getting married however im not sure what is the process like. She’s from Pakistan and is really really wants marriage ceremony to be there. However i feel we might need to get married here (or do civil court-marriage thing) before i file for i-130 and i-485 for her especially her AOS.

 

Can we travel to Pakistan and get married there, then come back and i apply for her AOS? Is that still doable since she already has her EAD card? Do we do marriage in court first?

 

What is the best process for this? Get married here and apply or get married in her home country, we both come back and then we do AOS?

 

Thank you again

[OldUser 6,976]

You, as a US citizen can do whatever you want - marry in the US or overseas.

 

However, it's not the same for your foreign girlfriend. If she goes outside the US, marries, reenters (she can be denied entry by CBP if they learn she's married to US citizen), then tries to adjust - this is the problem. She cannot enter the US with immigrant intent while on non-immigrant visa.

 

Unless you want to be separated for 2-3 years while she's goes through consular processing getting CR-1 visa, you should marry in the US, file for AOS and then you can leave on Advance Parole or better on Green Card to have big family celebration in Pakistan. You'd be legally married already but honoring tradition. Many people do it.

Edited December 5 by OldUser