Navigating US Immigration After Civil Marriage and Multiple Ceremonies
The journey to obtaining a green card in the United States can be complex, particularly when individuals have had multiple ceremonies or civil marriages. If you are considering re-entering the US on an F-1 visa after a civil marriage in the US and then a ceremony in your home country, where your future spouse is a US permanent resident, it is crucial to understand the potential implications and the steps required to ensure a smooth process.
Potential Issues and Legal Advice
Seek Professional Help: Any deviation from the standard immigration processes can raise red flags with immigration officials. It is strongly recommended to consult with an experienced immigration attorney. They can provide guidance tailored to your specific circumstances and help minimize potential complications.
Legal Considerations for Civil Marriages
A legally recognized civil marriage in the United States is critical for your future green card application. Once you are married and living abroad, maintaining the legal validity of the marriage is essential. Immediately after obtaining the marriage certificate, it is advisable to make certified copies of the document. These copies will be useful to prove the legitimacy of your relationship during subsequent visa applications and other immigration processes.
Easier Process for F-1 Visa Holders
For those already holding an F-1 visa and planning to re-enter the US after a civil marriage, the process can be relatively straightforward. If your spouse is also residing in the US as a permanent resident, they can apply for a spousal visa. Upon submission of the necessary paperwork, the F-1 holder can apply for a work and travel permit once the immigration petition is accepted.
The process from petition acceptance to visa issuance can generally take between 2 to 3 months for the petition to be processed, and an additional 16 to 22 months for the spousal visa itself. During this time, if the F-1 visa has not expired and you maintain your student status, the F-1 visa will remain valid.
Most educational institutions will accept the I-797 Notice of Action as evidence of residency for the purpose of securing in-state tuition benefits. This can be a crucial factor in managing your finances and academic pursuits.
However, if the applicant leaves the US before the green card process is completed, they risk being deemed out of status and having to satisfy a two-year requirement to return to the US, should the application be approved.
Leaving the US During the Application Process
It is important to note that once an I-130 green card application is filed, you are generally expected to remain in the United States until the application is processed fully. Attempting to leave the US during this period can lead to complications and may result in denial of the application or the need to wait out a two-year absence requirement if the application is approved.
For clarity, the exact duration of staying in the US can vary, and it is wise to consult with an immigration attorney to ensure you do not face any unnecessary issues.
In summary, while re-entering the US on an F-1 visa after a civil marriage and a subsequent ceremony can present challenges, taking the right steps and seeking professional advice can help streamline the process and ensure compliance with immigration laws.