US citizen=Me marrying a Norwegian here on F1 Visa

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mutti_wilson

Registered Users (C)
Great site here, have learned a lot!

I am marrying a norwegian citizen this summer who has been here, going to school, on an F1 visa for 6 months, and i have some questions. We are getting married in Norway.

How do I not jeopardize the GC process? <-- Biggest question on my mind.

Can i file anything before hand to make this easier? If so, would i have the papers by July?

Is there an advantage to marrying here first or does it make any difference?

What forms will i need? <-- i have gotten info from here http://immigration.about.com/cs/immigrationhowtos/ht/htstudent2spous.htm?terms=from+student%20visa%20to%20marry
and the forms I-485, G-325A, I-693, I-864, I-765, I-94.

I had a cousin who had a nightmarish experience (married a Canadien), and had to live apart from here for nearly 2 years, and i dont want that to happen.
 
mutti_wilson said:
Great site here, have learned a lot!

I am marrying a norwegian citizen this summer who has been here, going to school, on an F1 visa for 6 months, and i have some questions. We are getting married in Norway.

How do I not jeopardize the GC process? <-- Biggest question on my mind.
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Well, the main thing is that what you have planned may cause issues. Your fiance currently has a F-1 visa. If your plan is to go to Norway, return and file for AOS, you should know that your husband cannot legallly do this with a F-1 visa. This is because one cannot have intent to immigrate to the USA with an F-1 visa. If the CBP officer at the airport gets wind of the fact that he is married and is going to file for a Green Card he will be denied entry, simple as that.
Is there an advantage to marrying here first or does it make any difference?
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Yes. If you marry here, file for Green Card and apply for Advance parole, then when that arrives (usually around 60-90 days after application), your husband can legally go with you to Norway for a "wedding" and then return to the USA.
I had a cousin who had a nightmarish experience (married a Canadien), and had to live apart from here for nearly 2 years, and i dont want that to happen.
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The best way to avoid that is for him not to leave the USA until after you are married, have filed AOS and have either Advance Parole or a Green Card.
 
So file the I-485 and related documents (if any) and apply with advanced parole and we should be ok?

How do people normally do this, because i know it happens often. It's really confusing to me at this point.
 
mutti_wilson said:
So file the I-485 and related documents (if any) and apply with advanced parole and we should be ok?

How do people normally do this, because i know it happens often. It's really confusing to me at this point.
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Yes, with the AP you can travel after AOS has been filed and AP has been approved (typically 60 days after it has been applied for, which you should do in the same envelope as the I-130, I-485 and the rest).
 
What exactly are the documents? I guess i could apply for every form on the site, but i dont think its necessary. haha. Are these the ones we will need?

I-131
I-130?
I-485
G-325A
I-693
I-864
I-765
I-94
 
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So there is really no way to do this correctly and get married in Norway instead of just have a ceremony there? I don't think that I am the first person in this situation.

Also, since i believe i need to file an I-130, do i need to file a G-325A also or...?

Hopefully i don't seem naggy. I just want to get my ducks in a row before doing all this. "Measure twice, cut once", as the saying goes.

Thanks.
 
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Hello,

If you get married in US, your wife would need to file for AOS from F1.
You can download the complete I-485 package (all the forms are together in one place) from www.uscis.gov and start reading on what you would need.
Once she gets her GC, she is free to travel and you can do another ceremony in her home country then.
Good luck! Its not that difficult, just read up more from the forms.
 
Thanks so much everyone, i am feeling quite relieved. So having the actual wedding in norway is out of the question or..? So i should just file everything at once or is there an order to follow?

I had asked earlier Also, since i believe i need to file an I-130, do i need to file a G-325A also or...? and what i meant is do I need to file a G-325a in addition to her (US citizen is the male)? It looks this way but i might as well ask.
 
The requirements are:

I-130: 2 G325A's, one for the US citizen and one for the foriegner
I-485: 1 G325A for the foriegner

Each G325A consists of 4 (almost) identical pages, which should be filled out in full.
 
So if we are to have the actual wedding in Norway i understand she is to stay there until she has her green card. I dont think there is any way for her to legally enter the US correct? I spoke with the embassy in Norway and they said that all papers can be filed by me here, with interviews, medical, fingerprinting* done in Norway. Does anyone know anything about this?
 
it's called consular processing and it will take about 10-12 months for her to actually get an immigrant visa from the time you file I-130 for her. If you don't mind being apart for that long - you can choose this option.
 
I do mind, I just don't see too many options here. So is there any way to get married in Norway (not just have a dedication ceremony or something) and have her legally come back to the states?
 
mutti_wilson said:
So is there any way to get married in Norway (not just have a dedication ceremony or something) and have her legally come back to the states?
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You can have the wedding in the US and be together, or your can have the wedding in Norway and be apart. By and large, those are your choices.
 
That's what I knew you were gonna say.

Ok, say we go that route we can apply via the consular process or through the states or? I'm just confused on what and how to work through the embassy.
 
there is no more direct consular filing, so from the moment you file I-130 in the States AFTER you marry, it will take her about a year to get an immigrant visa through consular processing, during which time she will not be able to enter the US. One may argue that she could also apply for K-3 visa, but it takes just as long.
 
I'm back.

Say we go the marriage in the states route with a ceremony overseas in norway, and file for everything in the next few days along with an AP (I-130). That gives us 99 days until she is going home to finalize the plans. Is this going by the skin of our teeth or is this a pretty safe route? If she does not have her I-130 approval and she leaves what happens then? I know they can deny her entry, but it could go the other way too. What about interviews and dates for stuff needed to do in the states? Would these arise in the next few months or could we be certain they will be after we are back here?

Thank you all so much for the help, I can't imagine doing this alone. It's enough just to get married and the added responsibility that comes along with it. It is a real relief to have answers for my questions.
 
That gives us 99 days until she is going home to finalize the plans.
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you never know how long it's going to take to get AP (form I-131)

If she does not have her I-130 approval and she leaves what happens then?
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you mean I-131? well, if she leaves without it, her AOS is forfeited.

I know they can deny her entry, but it could go the other way too.
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even if the immigration office does not deny her entry, she cannot continue with the same AOS, since it's cancelled and will be adjudicated negatively (denial).
 
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