Regarding Marrigae to GC HOLDER in India

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fairycar

New Member
Background: The boy is a GC HOLDER. The girl coming on F1 visa .

1. Can WEDDING be done in India without registration? (for the girl's parents' satisfaction)
Following this can a wedding cum reception be held in USA for registration after 2 months of the girls' arrival in USA?

2. will it be a problem if the wedding is held as soon as the girl arrives in USA?
 
1. Unofficial ceremonies can be done anytime. They don't have legal weight in the US. However, if US Immigration knows about the informal wedding, or even if it's just an engagement party, they'll realize she was planning to immigrate all along, rather than adhering to the nonimmigrant requirement of the F1 visa.

2. Yes it is likely to be a problem. In the green card interview they will look at the timelines of everything and realize that she apparently came to the US via the F-1 visa to get married and immigrate, thereby committing immigration fraud. Most people who go the F-1 to green card route successfully are people who never even met each other before the F-1 visa was initially issued.

To minimize the chances of such problems, she should (1) wait at least a month or two after entering the US before officially marrying to avoid making it look too blatant, (2) apply for consular processing rather than I-485, so if hassled in the interview about nonimmigrant intent she can say that she didn't plan to immigrate directly on the F-1, as she knew she was going to leave the US for the green card interview at the consulate, and (3) don't leave the US until her consular interview appointment for the green card has been scheduled.
 
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She'll also need to keep her F1 valid while staying the US. If for any reason that she lost her F1 status, the guy's GC status will not going to protect her and she'll have to leave.
 
thanx.. pls answer this.

well which of these 3 options is the best:

1. After girl enters USA, WAITS for 6 months and then does a registered court marriage, and applies for green card.

2. The girl completes her intended course, waits for H1, applies for GC on her own. (registered marriage aftr obtainin h1)

3. The boy gets citizenship and applies for the girl's citizenship/ GC. (DURINg this time girl maintains f1/ h1 and demonstrate wedding only after h1 of girl has been obtained)

In all these cases, if girl and boy stay together prior to filing, will there be any prob.
pls suggest urgent:(:confused:
 
I would say #1, and specify consular processing (asking for consular processing helps to avoid many of the immigrant intent issues). Then if the guy becomes a US citizen before the consular interview, she can file I-485 (the consular process would be canceled).

But if she finds an employer willing to do #2, she should do that also.

Either way, she should avoid traveling with the F1 ... she should wait until obtaining H1 or Advance Parole.
 
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