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Have belgian passport, want to marry permanent resident

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bartvankerkhove

Junior Member
Hawaii

Hello,

I am a Belgian (Belgian passport) working in Seychelles for the local government.
I would like to marry my fiance (Seychelles passport) who is a permanent resident in the US (Hawaii).

Questions:

Can I get married in Hawaii and obtain the right to stay there with her?
If not, can I get married with her in Seychelles and then enter Hawaii and stay there?

Friendly greetz,

Bart
 


ImmigAttyLana

Senior Member
No, if you marry a US green card holder (permanent resident) you cannot derive any immediate immigration benefits on the basis of that marriage and if you want to be able to live in the US you would have to obtain an independent means to do so (for instance, an employment-based visa)

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

bartvankerkhove

Junior Member
thanx, but still confused

First of all, thanx for the reply.

I am still a bit confused. I read on the government's website that if you are married to a permanent resident, he or she could apply for the immigration of a non-US person.

So if I would marry my girlfriend in Seychelles, would that not mean that when she got back to the US she could file there for me to come over? Or does it mean that she could file for me to come over but that I would have to stay outside the US until it would be approved?

I am sorry, but I am not really good with this legal stuff. My girlfriend won the permanent resident lottery and went there to complete her studies. Now we want to get married and are trying to be together instead she coming over to my place for holidays to see me.

If not, is there a possibility for me to stay in the US as a nonimmigrant without having to leave the country? I read you can renew your nonimmigrant status, but can you do that indefinitely?
 

ImmigAttyLana

Senior Member
Yes, she can petition for you but that process will take about 5-6 years and during that time you will NOT be able to remain in the US unless you have an independent nonimmigrant status to do so. If and when she becomes a US citizen, she can upgrade that petition to that of an immediate relative and then the process is about a year long but until she becomes a US citizen, there is really not much you can do to remain in the US unless you have a way to remain there independent of your spouse. When is she eligible to apply for US citizenship.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

bartvankerkhove

Junior Member
Maybe staying as a student?

Thank you again for your reply.

ok, if we get married I would have to find other ways to stay in the US.

Is it possible for me to stay as a student? I already have a degree as a teacher in Biology and Geography, but can I further my studies or take up other studies?

Sorry, but I start to feel desperate and you are the only one giving me some decent answers.
 

SHORTY LONG

Senior Member
If you have not yet already visited this site, please do; and spend some time
there. http://www.uscis.gov/portal/site/uscis
 

ImmigAttyLana

Senior Member
You can stay as a student only if you are first accepted into a university and then obtain a student visa on the basis of the paperwork the school would provide for you. It would probably be best for you to try to do that BEFORE you are married since once you are married to a lawful permanent resident, you are presumed to have immigrant intent and it may be very difficult if not impossible for you to get a student visa, which does not allow for immigrant intent.

But why don't you answer the question of when your wife would be eligible for naturalization in the US as that could give you an idea of how long this process really has to last.
 

bartvankerkhove

Junior Member
Forgot

Once again thank you for the useful information you have posted.

I am sorry, I forgot to mention last time that my girlfriend won the green card lottery and became a permanent resident that way. This happened only recently, so if I am correct it would take a lot of time for herself to become citizen, am I correct? We looked that up and if we are correct that would be something like 5 years as well. Can you confirm this?

Thank you for the tip not to get married before trying to get a student visa.

Is there a realistic chance that I will be accepted at a university in Hawaii and if you get accepted, is the student visa given then automaticly or is there still a possibility that they refuse.

How long would this student visa be valid? Does it depend on how long you stay enroled as a student?

Thank you again for all your help,

Bart
 

ImmigAttyLana

Senior Member
Yes, she would have to be a permanent resident for 5 years prior to being eligible to apply for US citizenship.

I don't know anything about your chances of being admitted to a university; you would have to research that directly with the university. Once you are admitted, it is not automatic that you get a visa, but assuming you do have the intention to study and have the ability to show the necessary documentation regarding resources to pay for the education, etc. you should not have any problems getting a visa. Once you get the visa, you have to maintain valid student status and as long as you do, you are in valid F-1 international student status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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