marriage

suebird3 · Jul 30, 2006

welcome to allnurses.com. post moved to a more appropriate forum.

suebird3

kathykaye · Jul 30, 2006

getting married before applying for a petition:rolleyes::wink2: :idea: :balloons:

suzanne4, RN · Jul 30, 2006

This thread was moved to International Forum, as it does not pertain to working in the Philippines.

If the spouse is not included on the petition, it is much harder to get them added. If you are already in the US, it will be two years before they can join you.

Suggestion: If planning to get married, do it before any paperwork is filed for you.

Hathaway · Jul 31, 2006

2 years? wow. Those guidlelines in the USCIS webpage can be misleading. they stated it in such a way that a reader would think it wasn't that long. They called it "following-to-join" benefits for spouses of US immigrants based on employment..."the spouse does not have to wait any extra time for a visa number to become available...etc"...

Now I wonder what "extra" means. And "extra" time in addition to what? Those USCIS people should really try to be clearer with their language. Many important decisions get based on the information they furnish.

suzanne4, RN · Jul 31, 2006

If the spouse is put on the petition, then following later is not an issue. There is no time lapese, and they can do it when the time is convenient for them. However, if the nurse gets married after they are in the US, then they will need to file for them, and it will be two years. Same as for children, if they are not on the petition and included in the beginning, the wait is two years. This does not apply to new infants that you have during the processing.

So what immigration says is correct.

Vaheguru · Aug 1, 2006

My attorney says that if i will not get married before adding him in the petition then it will take him 5 years to join me.I am already in US and i want to go home after gettign green card.So he said it takes five years.Is this correct?

Thanks

If the spouse is put on the petition, then following later is not an issue. There is no time lapese, and they can do it when the time is convenient for them. However, if the nurse gets married after they are in the US, then they will need to file for them, and it will be two years. Same as for children, if they are not on the petition and included in the beginning, the wait is two years. This does not apply to new infants that you have during the processing.
So what immigration says is correct.

suzanne4, RN · Aug 1, 2006

Minimum of two years, and as I keep saying, if you are going home to get married, do it before you have your petition submitted. Do not wait until after, or you will be doing the waiting by yourself for several years.

Listen to your attorney, and get married before filing. Then no issues at all. Or at least before the DS-230 is submitted.

agp_ph · Aug 1, 2006

Hi! Just want to share my case regarding marriage. I got married after my petition was filed but before my petition was approved. After my petition was approved, my lawyer just wrote NVC that I am now married and a visa fee bill was sent by NVC for my husband. We will be sending back our packet 3 together. So I suggest you get married before filing your packet 3 at the NVC

suzanne4, RN · Aug 1, 2006

As I said above, before DS-230 is filed. DS-230 is the same as Packet 3.

Nut things are also handled differently when you are overseas, from those that are already in the US.

gracediwa · Aug 2, 2006

What about those doing the AOS route? How can they get married if they're not allowed to leave US?

How about if you get married and planned to do AOS, but your spouse can't go through AOS because he has no means to get to US gounds? How are these things handled? Can you just bring marriage cert as proof?

suzanne4, RN · Aug 2, 2006

For the AOS route, the spouse must be in the US already. You can only adjust a visa if they have one for the US and are in the US. If they are out of the county, they cannot be added to your petition.

You cannot just bring a marriage license or certificate. For the AOS and to be processed as such, they must be in the US and remain in the US, the same way that the nurse has to.

Best bet is to speak with your immigration attorney.

AOS does not work for all, and in this case, you may wish to reconsider consular processing. AOS is not beneficial in all cases.

And remember that going the AOS route from a tourist visa is actually against the law, so it will not get any sympathy from immigration officials. Best bet would be to go consular processing and then the spouse can be included. Without that route, you are going to be waiting years to get them here.