• Tricky situation of 2 USA legal immigrants getting married

I am Indian on h1-b, my gf is from Vietnam on F-1 visa. She has not been to her country for 5 years now and f1-visa expired 4 years ago. We want to go to our home country to get married but she's afraid her F1-visa renewal might be rejected(because lot of students F1 visa renewals are denied for random reason).
Our preference is for her to be on f1-visa. If we convert her to H4, then the issue is my I-140 will be obtained in early 2023 and she will be graduating on May 2023. So because of crazy wait times for EAD, she might need to wait 1.5 to 2 years before working.

What are our options here and which is the best one?
Asked 4 years ago in Civil Law

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4 Answers

you can get married in USA to foreign national 

 

2) get your marriage registered with indian consulate under provisions of foreign marriage act 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8159 Consultations

- If you both are living in US , then can get marriage registered under the Special marriage Act or Foreign Marriage Act , after approaching the Consulate of India 

- Further , this registration of marriage is very much valid in India. 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

You can get married as per foreign marriage Act there if want you. 

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

You can go through the legal procedures which would be most suitable to you based on the situation prevailing at your place.

There are chances for her F1 visa renewal to get rejected for obvious reasons, hence it would be better that you go ahead with your proposed strategy alone.

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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