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  • marriage to us cit

    Hi there!

    I need any help I can get. I am a german citizen, living in the uk at the moment, and I want to move to the us to get married.Lots of questions come up. What is the quickest and easiest way of doing this. Sb told me that you can go over and apply for a visa and then later get a variation. Is that possible and how do you do that. Can you get married and apply afterwards? I don't know where to start. I am actually bying a property there at the moment, will that help? I hope there is someone out there who can give me some advice.

    regards
    Ulrike

  • #2
    Hi there!

    I need any help I can get. I am a german citizen, living in the uk at the moment, and I want to move to the us to get married.Lots of questions come up. What is the quickest and easiest way of doing this. Sb told me that you can go over and apply for a visa and then later get a variation. Is that possible and how do you do that. Can you get married and apply afterwards? I don't know where to start. I am actually bying a property there at the moment, will that help? I hope there is someone out there who can give me some advice.

    regards
    Ulrike

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    • #3
      Hi
      If you are outside the US and want to marry an USC, the proper way to go is, I believe, through the fiancee visa. Basically, your USC fiancee has to apply for the visa for you to come to the US. Then, once in the US you will have to marry within 90 days, I believe. Subsequently, you can apply for Adjustment of Status (AOS) to legal permanent resident (LPR, a.k.a. green card holder card). The other option would be to get married in the US,the UK, or Germany and then apply for an immigration visa at the consulate (a.k.a CP). In general you have to apply at the consulate of your home country (Germany), although there are some exceptions to this rule(then again the UK and Germany are not too far apart and you may be able to do the application on a trip home). Another thing to keep in mind is the concept of "immigration intent". This is significant because non-immigrant visas (student, tourist, visitor etc.) require "non-immigration intent". By being married to a USC the consular officer will pressume that you have "immigration intent" and therefore deny any non-immigratant visa application. Be truthfull to any immigration officer because misrepresenation to gain an immigration benefit is a seroius offense and may prohibit you to ever become a USC (or a LPR). Therefore, if you intend to marry a USC you should not come to the US on a tourist visa, because the question of "immigration intent" will come up at some point and may complicate your AOS application. Although it is possible to marry a USC in the US and then apply for AOS while on visa-waiver(as a german citizen you probably would be on visa-waiver unless you applied for a "visitor visa"), it may be just as easy and less complicated to go through the fiancee visa.

      As for what is fastest: It is almost anybodie's guess. Processing times vary widely from USCIS office to USCIS office (geographic location in the US), or which consulate you are filing at. The advantage of the fiancee visa/AOS path is that you will be able to come to the US relatively quickly to be with your husband. On the other hand an AOS can take anywhere from 1 year to 3 or 4 years. It is said that consular processing is the faster way to get a green card, however you may be apart form your husband longer.
      For more detailed info and rules check out the USCIS webpage. Look in the section about "immigration through (immediate) family member", "fiancee visa" or "marriage based immigration".
      Good luck.
      Marcaurel

      PS: Buying property in the US does not give you any immigration benefit.

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