getting married after my I-20 expires?

[SarahFrance]

My name is Sarah, I'm 21 years old and I'm French.
I am currently in the US on a student visa. I am here on a year long exchange program and although my visa expires in 2015, my I-20 expires at the beginning of may 2011. I am currently doing my last year of college as an undergrad and I will not be getting another I-20 because I want to take a year off of school to study for my GRE.

My fiance (who's a US citizen) and I are planning on getting married during the summer of 2011. We'll have been together for almost two years by the time we get married.

But anyway, can I still get married without a fiancee visa if my I-20 expires in may? Or shall we tie the knot before my I-20 expires?

He's in the Air Force (if that may help in any sort of way). He's been getting in touch with some people concerning my immigration but they won't tell him anything concerning how to apply for a GC for me unless we are already married and such.

Any help would be appreciated!

Thanks in advance

 

[TheRealCanadian]

But anyway, can I still get married without a fiancee visa if my I-20 expires in may? Or shall we tie the knot before my I-20 expires?

Two questions. First, when do the two of you want to get married? Do you have a date? Second, are you planning on going back to France for any reason in the 3 months prior to that date?

Because if you were already planning on visiting home for a bit, it becomes really easy for your fiance to file an I-129F and have you get a K-1 visa in France, then get married. The filing fees are mostly equal since the K-1 means your husband won't need to file an I-130 and the GC interview should be more straightforward since the validity of the relationship will have been demonstrated in advance.

If you're planning on getting married soon after school ends then I wouldn't worry about it; just file the I-130/I-485 right after the marriage. But knowing your plans might make things simpler.

 

[SarahFrance]

The Real Canadian:

We want to get married either mid May or July. We want to set a date as soon as possible but we want to make a wise decision. That's why we are looking into all the immigration and how to do it right, on the right visa and everything.

I have to go back to France late may to take my graduation exam. We do not want to file for fiance visa. We'd rather adjust my status while I'm still on my student visa. Thing is I don't know if my student visa is still legitimate if my I-20 expires. We do not want to get a fiance visa because as silly as it may sound we do not want to be apart. Ever since we've been together we have been doing this long distance relationship and waiting for the fiance visa to go through while I'm in France is not what we want at all. We'll go as far as getting married in April (during my Spring Break) to avoid filling for a fiance visa and just adjust my status to permanent resident.

 

[grumpybear]

Aren't you allowed up to 30 (or 60?)days past your I-20 expiration to stay?
When you say your visa is valid until 2015, what kind of visa is it?
But if you need to go back to France shortly after you file for your paperwork, you'd need to have apply for Advanced Parole as well in order to be able to be admitted entry to the US while your paperwork is being processed.

 

[SarahFrance]

I'm on an F1 student visa. I just got it done this passed summer because I'm only studying in the States for one year. (it's a partnership with my university in France through which I'm getting my degree)

I can stay up to 30 days, but can I get married after it expires? I'm doubtful...

Sounds so complicated!

 

[grumpybear]

You can definitely get married but it will come with a lot of complications like you said.
First, you'll technically be considered to be an overstay which would then make it pretty much NOT IN YOUR BEST INTEREST to leave the country while you're papers are being processed.
Second, your marriage might come under more scrutiny during the interview.

I was wondering if it were possible for you to get married in front of a judge right now and just deal with the bigger wedding celebration once you've gotten your greencard? That way your papers will be in process now and you'd be able to get your greencard within 3 months or so.

 

[TheRealCanadian]

We want to get married either mid May or July. We want to set a date as soon as possible but we want to make a wise decision. That's why we are looking into all the immigration and how to do it right, on the right visa and everything. ... I have to go back to France late may to take my graduation exam.

Then your best bet is to have your fiance file the I-129F now. When you go back to France for your final exam, pick up the K-1 visa at the consulate, return to the US and get married.

We do not want to file for fiance visa. We'd rather adjust my status while I'm still on my student visa.

Here's the problem; that'll force you to get married about 60 days before your trip to France in late May, and even then there's no guarantee that you'll get your Advance Parole in time. You won't be able to return to the US with an expired I-20. If your I-20 is expired you can file the I-485 without issue, but your problem is if you want to travel prior to getting AP approved.

We do not want to get a fiance visa because as silly as it may sound we do not want to be apart. Ever since we've been together we have been doing this long distance relationship and waiting for the fiance visa to go through while I'm in France is not what we want at all. We'll go as far as getting married in April (during my Spring Break) to avoid filling for a fiance visa and just adjust my status to permanent resident.

If you're traveling to France anyways, why do you feel you'll be apart if you get a K-1 visa? If you time it right, you won't be apart any longer than you would have been anyways, and it means you can schedule a wedding in May or June and do it right.