When should my fiancé and I do if he doesn’t yet have his student visa and we want to get married?

My fiancé is trying to apply to a university and is going to apply for a student visa. I am planning to visit him and getting married before be applies for the student visa. I am a US resident. I wanted to know if there would be any conflicts with these 2 things. I will apply for him as soon as I return back to the US but he is also applying to study at a university here with a student visa. Would there be any problems if I marry him and apply for him before he applies for a student visa?

Asked on August 31, 2014 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

He is not going to be granted a student visa if you get married because that would suggest immigrant intent and he is not allowed to have immigrant intent if he is applying for the student visa which is a single intent visa.  Also, if you are a US resident, do you mean you are a permanent resident or a US citizen?  If you are a permanent resident, the process to petition for your spouse will take a few years.


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