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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95964
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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After court marriage is it ok to go out side the unites state

Resolved Question:

After court marriage is it ok to go out side the unites state for 2 weeks ?
Submitted: 1 year ago via USmarriagelaws.
Category: Immigration Law
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are you talking about taking a vacation outside the US after having a formal marriage?
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Do either spouses have any pending criminal charges? Arrest warrants?

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Do both parties have passports?
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Thanks
Barrister

Customer: replied 1 year ago.
My fiancé is on student visa . The month of November he is planning to go to India for 2 weeks . But we are planning court mariage in September
Expert:  barristerinky replied 1 year ago.
Ok, thank you for the additional information. As long as the person has no pending criminal charges or arrest warrants outstanding, then there would not be any restriction on them leaving the US for any period of time to visit another country. If they had an arrest warrant or felony convictions, then they could be denied re-entry to the US, but other than that, they should be fine.
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Thanks
Barrister
Customer: replied 1 year ago.
Because he talked to somebody and that person told him he should in the United States for 3 months . Then only he will get the permission to come to USA again. Now he is on student visa and the visa is going to expired end of this month . So as soon as coir marriage weather he can stay in the United States legally ? And while he is coming back from the vocation there won't be any legal issues ?
Customer: replied 1 year ago.
Because he talked to somebody and that person told him he should in the United States for 3 months . Then only he will get the permission to come to USA again. Now he is on student visa and the visa is going to expired end of this month . So as soon as coir marriage weather he can stay in the United States legally ? And while he is coming back from the vocation there won't be any legal issues ?
Expert:  barristerinky replied 1 year ago.
Ok, immigration law and potential issues with Visas are not one of the areas where I feel confident in commenting.
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Let me opt out and get you over to someone who handles immigration law so they can answer your concerns...
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No need to respond to this as it will only slow down a response from an immigration expert..
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Thanks
Barrister
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.



Are you a U.S. Citizen? And he is still legally in the U.S. on an F-1 student status?
Customer: replied 1 year ago.
Ok sure ,I am on greencard and he is on student visa
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
And you are ok with your fiance being stuck outside for a year or so before being able to immigrate to the U.S.?
Customer: replied 1 year ago.
Now he is in Chicago , and we are planning for court marriage in this month . But end of this month his student visa is going to expired . Sonia it court marriage help him to stay in United States ? But in the month of November he needs to go to India for 2 weeks . Is it affect the legal process ?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. The problem is that if he leaves the U.S. without doing the correct process, he will not be able to come back using an F-1 student visa. Why? Because for the F-1 student status, he has to show and prove non-immigrant intent. He cannot do that if he has a process pending through you. So you should do the court marriage and file the proper paperwork which is the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Lawful Permanent Residency status, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, he should get a work permit and travel permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later he should get a Residency status (green card).

He must NOT leave the U.S. until the Advance Parole (the permission to travel) is approved. If he leaves before that, he would abandon his process and he would be stuck outside waiting for a year or so. He MIGHT be able to get an Advanced Parole approval before 3 months, but he has to show very good reason as to why it should be expedited. I don't think if you filed now he would have it by November, but you can try.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95964
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 5 other Immigration Law Specialists are ready to help you

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
95964 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.