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I would like to know if the following is possible and with how much ease.

My American girlfriend and I would like to get married in India and then move back to America. We have been together for a year and have all records of our conversations, emails, gifts, post sent back and forth over the year.

The issue is she has gotten a divorce from her husband who was a Brazilian citizen and is now an American citizen. They have a child together. I am of the thought that this might seem negative on our application although our relationship is completely genuine and so was theirs. They just did not work out to be very well. I met her while I worked for an American client and we got to know each other (all online) and now I don't work there no more but she does.

My history is I have lived in the UK for four years as a student and returned to India due to medical reasons. I completed a part of my studies but could not finish my masters. I now work in India in the Software Industry.

I am not sure what would be easier, whether to get married in India or go to the US on a fiancé visa and marry there. Once married I will be looking for employment as well so we can start a family together.

Any advice would be good.

  • Welcome to expatriates.SE. Could you focus your question a little bit? At this time you're looking to move to the US or have your fiance/wife confirm/get her Portuguese citizenship and move to Portugal? – Karlson Sep 2 '14 at 2:46
  • @karlson all set – user3743672 Sep 3 '14 at 7:02
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The main advice would obviously be to consult an immigration lawyer on this topic. They understand the law and can guide you appropriately.

This being said, as long as you are genuine and you are not trying to cheat the immigration system, you should have no issue immigrating to the USA legally.

The USA government has no business telling who your girlfriend can marry as long as she is not currently engaged in an existing marriage. It is important that you are keeping track of the divorce paperwork.

In my opinion, it would be easier for you to get married in the USA as the administration may have an easier time processing public records originating from that country. Marrying in India may create some additional complications.

You may want to review this article that describes eight things you should know before getting married in the US while on a tourist visa or on a Visa Waiver:

  • The marriage must be in good-faith
  • Marriage should not be immediately after you land in the US
  • The 30/60 Day Rule
  • What will happen if you are denied Adjustment of Status?
  • You cannot leave the US immediately after marriage if you applied for Adjustment of Status
  • Border Protection Officers are watching you:
  • Enter the U.S. on a tourist visa, get married and return to your home country
  • No excuse for visa fraud

Good luck and happy life! :-)

I do not want to copy all the information I found on that page as it is likely copyrighted.

  • You make some references to this, but I think it should be made more clear that entering the US on a tourist visa or waiver while intending to marry and adjust status would be considered "trying to cheat the immigration system", while the OP's suggestion, a fiance visa, would be the legal immigration route with a US wedding. – Dan Getz Mar 29 '15 at 15:07
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If you can get a visa to the US, the best thing to do would be to get married inside the US. So even if you can get a tourist visa, or any kind of visa, even for 3 days, that is optimal.

If you get married outside the US, and especially with your fiance's history, they are gonna give you a hard time at the embassy unless you are extremely lucky. Also you would need to get a special visa, etc. ... a huge headache and it may cost you much more in the long-run both time wise and financially.

Because getting married in US is golden since the moment you are married, the visa issue disappears and then its just the matter of getting a lawyer and very quickly you have a green card and passport within 3 years.

  • Hi. Thanks for your answer. Is is possible that I enter the states on any visa and get married. ? I am sure there must be some restrictions to that. – user3743672 Oct 27 '14 at 1:06
  • Also between going there on a spouse visa and visitor visa. Which one is ideal and more cost effective and less of a hassle when it comes to finalizing paperwork. ? – user3743672 Oct 27 '14 at 1:07
  • @user3743672 Once you stand on USA soil, you have rights. One of those rights is to get married. What I am writing comes from what I've seen. Woman came, overstayed visa for 2 years, then got married and is now a citizen. – NickNo Oct 29 '14 at 14:48

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