Marrying in USA

Diana.j29

By Diana.j29,
in Visitor Visas

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Diana.j29 Newbie

Diana.j29

Posted
Posted

Hi,

 

 Requiring your Vauble suggestions.

 

  My Fiance is on Valid F1 Status but no Visa to travel to India. I am in India. We are planning to marry. How can i travel to US and marry him.

 

   Can i get Tourist visa and travel to US to marry him? How can i stay with him after marriage in US?

 

If not pls suggest what would be the best way.

 

Thanks.

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rahul412 Advanced Member

rahul412

Posted
Posted

Hi,

 

 Requiring your Vauble suggestions.

 

  My Fiance is on Valid F1 Status but no Visa to travel to India. I am in India. We are planning to marry. How can i travel to US and marry him.

 

   Can i get Tourist visa and travel to US to marry him? How can i stay with him after marriage in US?

 

If not pls suggest what would be the best way.

 

Thanks.

Best thing is, tell him to apply for F1 ext and after the marriage you can apply for dependent visa.

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Diana.j29 Newbie

Diana.j29

Posted
  • Author
Posted

He is having Valid Status. That is correct. He doen't want to travel coz he is not sure enough that stamping when he is on OPT is reliable. If rejected he has to stay back in India. He just doen't want to risk it out. His H1b is in processing now still waiting for confirmation.

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rahul412 Advanced Member

rahul412

Posted
Posted

He is having Valid Status. That is correct. He doen't want to travel coz he is not sure enough that stamping when he is on OPT is reliable. If rejected he has to stay back in India. He just doen't want to risk it out. His H1b is in processing now still waiting for confirmation.

Awesome, just wait till his H1 is approved and in September he can attend visa interview in India.

Congratulations on your marriage....!!!!!

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t75 Advanced Member

t75

Posted
Posted

If someone's proof of eligibility for the visa category he is applying for is genuine, there is no reason to fear visa stamping. People who have been denied have some problem with their proof of eligibility or a questionable job.

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rahul412 Advanced Member

rahul412

Posted
Posted

If someone's proof of eligibility for the visa category he is applying for is genuine, there is no reason to fear visa stamping. People who have been denied have some problem with their proof of eligibility or a questionable job.

Agreed, since VISA is not guaranteed even though you got ALL the req documents and considering OP's situation it's better to attend the interview once his COS is approved.

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stonecold_1981 Advanced Member

stonecold_1981

Posted
Posted

If someone's proof of eligibility for the visa category he is applying for is genuine, there is no reason to fear visa stamping. People who have been denied have some problem with their proof of eligibility or a questionable job.

 

Not as black or white as you make it seem. Take a look at the response below, from UT Austin's FAQs on OPT and Travel:

 

In what ways is my application to the embassy for a new visa stamp affected by being on Optional Practical Training?

The risk of denial for a F-1 visa renewal when you are on OPT is higher than while you are in your active student program, as the fact that the focus of your stay in the U.S now is that of working rather than going to school, it may be seen as an avenue for adjustment of status to permanent residence. The F-1 student visa requires that the applicant must intend to return to the home country at the end of the program, and if the embassy official is not convinced of your intention to return home, the visa application could be denied.

 

Even if the person is genuinely pursuing a valid OPT-based employment, it's not as easy to prove the non immigrant intent needed for F-1. This is the reason why many genuine F1 students on OPT avoid going for a "restamping"!

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