Marrying on a Student Visa in Costa Rica

[tica 0]

Dear Forum,

I am a US citizen and my fiance is from Costa Rica and currently residing in the US on an F1 Student Visa. We plan to marry in Costa Rica December, 2008. We also plan to marry civilly in the US and begin the adjustment of status. While we'd prefer to start the AOS before the wedding in Costa Rica, as we're leaving the country this summer, we would not be able to civilly marry and begin the process until early September. As such, we are worried that she won't receive her Advanced Parole in time to leave the country, in addition to our general concerns about the costs and stresses of AOS as we prepare for our wedding, among other life obligations.

Thus, we would prefer to civilly marry in the US upon our return from Costa Rica in late January, 2009 and subsequently begin the AOS. We will be having a church wedding, which in Costa Rica constitutes a legal marriage, thus we'd be legally married in Costa Rica.

Our question is whether she will have any problems re-entering the US on her F1 student visa even though we were legally married in Costa Rica, thus technically breaking her visa contract to return to her country after completing her studies. She would of course not say anything about the wedding when crossing customs but (1) would the US officials have any way of knowing that she was married, thus blocking her re-entry, and (2) would we run into any problems when (re)civilly marrying in the US and starting the AOS process?

We look forward to hearing any helpful responses/suggestions.

Thank you.

[pushbrk 12,897]

Dear Forum,

I am a US citizen and my fiance is from Costa Rica and currently residing in the US on an F1 Student Visa. We plan to marry in Costa Rica December, 2008. We also plan to marry civilly in the US and begin the adjustment of status. While we'd prefer to start the AOS before the wedding in Costa Rica, as we're leaving the country this summer, we would not be able to civilly marry and begin the process until early September. As such, we are worried that she won't receive her Advanced Parole in time to leave the country, in addition to our general concerns about the costs and stresses of AOS as we prepare for our wedding, among other life obligations.

Thus, we would prefer to civilly marry in the US upon our return from Costa Rica in late January, 2009 and subsequently begin the AOS. We will be having a church wedding, which in Costa Rica constitutes a legal marriage, thus we'd be legally married in Costa Rica.

Our question is whether she will have any problems re-entering the US on her F1 student visa even though we were legally married in Costa Rica, thus technically breaking her visa contract to return to her country after completing her studies. She would of course not say anything about the wedding when crossing customs but (1) would the US officials have any way of knowing that she was married, thus blocking her re-entry, and (2) would we run into any problems when (re)civilly marrying in the US and starting the AOS process?

We look forward to hearing any helpful responses/suggestions.

Thank you.

Your plan has a much larger issue than admittance to the USA, which will probably go smoothly unless your marriage actually comes up at the border. Your problem is that if she enters on a student visa with the intent of immigrating, and tries to adjust status, she'll be intentionally attempting to circumvent US immigration law. If found so, she'll be deported and banned from the USA.

You can marry in the USA and legally stay to adjust status as long as she doesn't leave and return between the time you decided to marry and the time she has advance parole. The problem is intent at last entry. This issue comes up frequently.

[sweetpiano 0]

Check out the sub-forum Adjustment of Status from Work, Student, & Tourist Visas and particularly this thread Anyone else adjusting status from F-1 ??

[pushbrk 12,897]

Check out the sub-forum Adjustment of Status from Work, Student, & Tourist Visas and particularly this thread Anyone else adjusting status from F-1 ??

Adjusting from F1 is only a problem if the F1 leaves the US after making the decision to marry. Marrying in the US and sticking around until the green card is in hand can be a cinch. The OP's plan is a prescription for a nightmare.

[Heliosphan 1]

Check out the sub-forum Adjustment of Status from Work, Student, & Tourist Visas and particularly this thread Anyone else adjusting status from F-1 ??

Adjusting from F1 is only a problem if the F1 leaves the US after making the decision to marry. Marrying in the US and sticking around until the green card is in hand can be a cinch. The OP's plan is a prescription for a nightmare.

Precisely.

The best (and only viable) option is to marry in the US and stay for the duration of the AOS process. Everytime an F1 student leaves and reenters, their intent is supposed to be for study alone. Even being engaged violates the Student Visa agreement. If you get married in Costa Rica you voided her F1 Status and she will need a K3 visa to return to the US (trust that they WILL look up the marriage records in the country at some point even if she gets the green card and it will be voided due to fraud, I've seen it happen).