Marriage License Abroad versus in USA

[yoyoma]

I am a US citizen engaged to a Kuwaiti woman (both living in US). We are visiting Kuwait in about a month and considering signing a marriage license there since we're not sure the next chance we'll get to go is. We are also planning to sign one in Washington DC, but not sure if it's fine to do that after our trip to Kuwait (we're open to doing it before the trip). We also do eventually intend to change her status and apply for a green card (she is currently on OPT with work authorization until summer 2018). I wanted to know if getting a marriage license in Kuwait would complicate the green card application process. For example, would it be better to get a marriage license in the US first? I'm also curious about rates as we will certainly need help with the green card application process eventually. Thanks in advance for your help.

[azblk]

I am a US citizen engaged to a Kuwaiti woman (both living in US). We are visiting Kuwait in about a month and considering signing a marriage license there since we're not sure the next chance we'll get to go is. We are also planning to sign one in Washington DC, but not sure if it's fine to do that after our trip to Kuwait (we're open to doing it before the trip). We also do eventually intend to change her status and apply for a green card (she is currently on OPT with work authorization until summer 2018). I wanted to know if getting a marriage license in Kuwait would complicate the green card application process. For example, would it be better to get a marriage license in the US first? I'm also curious about rates as we will certainly need help with the green card application process eventually. Thanks in advance for your help.

The biggest issue you have is not where you get married but rather her returning from Kuwait knowing fully well she intends to change her status - that is considered fraudulent.

[Walbrzyszanka21]

The biggest issue you have is not where you get married but rather her returning from Kuwait knowing fully well she intends to change her status - that is considered fraudulent.

For I-485 with biometrics fee it is $1,225. For I-130 it is $535. Plus medical exam which depends on where you get the exam done. It may be $100 or $500. As azblk said, the concern is that her intent is to do adjustment of status.

[Dlucan]

I am a US citizen engaged to a Kuwaiti woman (both living in US). We are visiting Kuwait in about a month and considering signing a marriage license there since we're not sure the next chance we'll get to go is. We are also planning to sign one in Washington DC, but not sure if it's fine to do that after our trip to Kuwait (we're open to doing it before the trip). We also do eventually intend to change her status and apply for a green card (she is currently on OPT with work authorization until summer 2018). I wanted to know if getting a marriage license in Kuwait would complicate the green card application process. For example, would it be better to get a marriage license in the US first? I'm also curious about rates as we will certainly need help with the green card application process eventually. Thanks in advance for your help.

It would probably be best to seek the advice of a lawyer. You might be able to accomplish everything with a fiance visa.

[newacct]

For I-485 with biometrics fee it is $1,225. For I-130 it is $535. Plus medical exam which depends on where you get the exam done. It may be $100 or $500. As azblk said, the concern is that her intent is to do adjustment of status.

Her intent is irrelevant for AOS in her category. As long as she didn't lie, and they let her in, she can AOS. But if they suspect she will AOS while here, they will deny her entry.

[azblk]

Her intent is irrelevant for AOS in her category. As long as she didn't lie, and they let her in, she can AOS. But if they suspect she will AOS while here, they will deny her entry.

That is the point. Why risk it? They are both already here and can get married and AOS with no issues. Leaving the country with the intention of coming back to AOS later just complicates what would have been a straight forward process.

[yoyoma]

That is the point. Why risk it? They are both already here and can get married and AOS with no issues. Leaving the country with the intention of coming back to AOS later just complicates what would have been a straight forward process.

After consulting with an attorney, he made it seem like while she is on OPT she shouldn't have any issues with re-entry. I've also known of a couple that got married in Korea, then came back no issues and plan to get married next summer (US citizen w/ wife on H1B I believe). If this is fraudulent, is there a way to file AOS before we leave for Kuwait? Or another workaround that is honest and fair?

Also, I've learned that there is no point in doing two marriage licenses, so we have to decide if we do it here in the states or overseas - both equally valid in the eyes of USCIS. It seems irrelevant as to where we do it, although both of our families want to be present which makes it a bit tricky given the timeline.

[newacct]

After consulting with an attorney, he made it seem like while she is on OPT she shouldn't have any issues with re-entry. I've also known of a couple that got married in Korea, then came back no issues and plan to get married next summer (US citizen w/ wife on H1B I believe).

Maybe in those cases the officer didn't realize the person married. Don't rely on it.

If this is fraudulent, is there a way to file AOS before we leave for Kuwait?

She could file for AOS but it will be abandoned when she leaves the US while AOS is pending unless she has been granted Advance Parole, and Advance Parole takes 4+ months to get these days.

[yoyoma]

The biggest issue you have is not where you get married but rather her returning from Kuwait knowing fully well she intends to change her status - that is considered fraudulent.

So what do you believe the sequence of events should be? Should we just stay here, get married, file for GC, then travel to Kuwait?

If we hold off on signing for now, are we still allowed to travel to Kuwait just to visit her parents?

[Dlucan]

After consulting with an attorney, he made it seem like while she is on OPT she shouldn't have any issues with re-entry. I've also known of a couple that got married in Korea, then came back no issues and plan to get married next summer (US citizen w/ wife on H1B I believe). If this is fraudulent, is there a way to file AOS before we leave for Kuwait? Or another workaround that is honest and fair?

Also, I've learned that there is no point in doing two marriage licenses, so we have to decide if we do it here in the states or overseas - both equally valid in the eyes of USCIS. It seems irrelevant as to where we do it, although both of our families want to be present which makes it a bit tricky given the timeline.

Why dont you look at having the legal ceremony here, do AOS and then go to Kuwait for another ceremony with her family, but then you dont have to worry about a license. That what my husband and I are doing. We are having a big party in my home country later. The wedding ceremony part will more be like a renewal of vows.

[yoyoma]

Why dont you look at having the legal ceremony here, do AOS and then go to Kuwait for another ceremony with her family, but then you dont have to worry about a license. That what my husband and I are doing. We are having a big party in my home country later. The wedding ceremony part will more be like a renewal of vows.

Well since we already booked our tickets to Kuwait, maybe we'll hold off on everything, just take a vacation there, then eventually follow the steps you outlined and go back to Kuwait to throw a party like they initially planned.

[azblk]

After consulting with an attorney, he made it seem like while she is on OPT she shouldn't have any issues with re-entry. I've also known of a couple that got married in Korea, then came back no issues and plan to get married next summer (US citizen w/ wife on H1B I believe). If this is fraudulent, is there a way to file AOS before we leave for Kuwait? Or another workaround that is honest and fair?

Also, I've learned that there is no point in doing two marriage licenses, so we have to decide if we do it here in the states or overseas - both equally valid in the eyes of USCIS. It seems irrelevant as to where we do it, although both of our families want to be present which makes it a bit tricky given the timeline.

H1B is a dual intent visa so in this case it is permitted. F-1 on the other hand is not.