<p>I think that 60 Minutes had done a few exposes’ on scam marriages in the decade before we got married and maybe the INS was a bit more sensative to the issue. It could also be a regional thing where they applied more scrutiny in some places.</p>
<p>If your company is talking about bringing you into the US as a worker, they will be getting an immigration attorney involved to make that happen - you should be able to piggy back on that.</p>
<p>Natour- I am seeing my brother and SIL over Christmas. I will ask them what they did. At the time my kids were young and we were in a different city so I did not pay much attention.
What I do know is she came to the US on a student visa to get her PhD. I am not sure if she was working already at the time of marriage. I do know she did not go back to her home country. When they went before the INS they had brought their wedding album and were prepared for a hard time but said it was relatively easy. I do know she now has dual citizenship. What I remember is they gave my B a harder time since he was born outside the US.
I will inquire as to what route they took and get back to this thread after Christmas.</p>
<p>Definitely would recommend using an attorney (at least for a consultation to review the process). </p>
<p>There are loads of catch 22’s and detailed procedures than can one can often unsuspectingly get caught up in. Sometimes everything goes smoothly without any problems… other times it can get complicated really quickly with the ‘foreigner’ forbidden to enter (or leave) the country for some time.</p>
<p>Also, as was highlighted marriage does NOT give you a direct path to citizenship… it gives you a direct path to a green card (permanent resident status). Gaining US citizenship is a separate process that can only be started after at least several years.</p>
<p>This is actually a fairly straightforward situation (compared to some of the intricacies of obtaining a green card through an employer). However, to avoid missteps, you either need to thoroughly familiarize yourself with the immigration regulations or consult an attorney. I would say that any legitimate immigration attorney will be able to help. AILA (American Immigration Lawyers Association) might be one place to start looking for names.</p>
<p>A couple of things to keep in mind. If you come in on an F-1 visa, you need to prove non-immigration intent to the US consulate issuing visa. If you then go ahead with marriage and adjustment of status, that is a violation of non-immigration intent. Note, that it is not against the law to do this but it might create problems later on for your relatives obtaining visitor visas and for any other dealings with the consulate. Most attorneys advocate 30/60/120 day rule, meaning that if you start immigration process within 30 days of entering the US, you will be considered as likely having the intent to deceive the consulate. 60 day wait is better, and after 120 days it is considered reasonable to conclude that a person did not immigrant intent when entering. With H-1 visa, there is no non-immigrant intent requirement so you can proceed with adjustment of status at any time. </p>
<p>Obviously, if you enter on a fiancee visa, you can get married and start adjustment of status immediately. As far as I remember, one catch with the fiancee visa is that the foreigner must either marry the person who obtained the visa or, if they change their mind, must leave the country within the specified time and re-enter on a different visa.</p>
<p>Here are some links to good immigration sites. You may be able to find some very specific and up-to-date info there.
[MurthyDotCom</a> : Family-Based Immigration - Marriage](<a href=“http://www.murthy.com/marriage.html]MurthyDotCom”>http://www.murthy.com/marriage.html)
[Comprehenive</a> Guide to Obtaining Green Cards Through Family Members. Written by former INS Trial Attorney (1976-82) with over 30 years of experience practicing immigration law.](<a href=“http://shusterman.com/family.html]Comprehenive”>Persons in the Family 2A Category May Continue to File AOS)</p>
<p>I second the Shusterman’s link. His website is a wealth of information.</p>