U.S. Citizen marrying a F-1 student visa

[EstebanTrabajos 7]

I'm sorry if I was disrespectful. The reason why I got a little but upset is because you based your reply on something that I never said, which was that the marriage was a fraud.

I just outlined the possibility of this guy to be rejected at the port of entry. All this is based on experiences from other members of this forum that didn't research this topic, left the country already being married to a US citizen thinking that the combination of their F-1 plus marriage to a US citizen was more than enough to be allowed back. Well, the outcome was totally different, they were stopped at the port of entry and not allowed to enter because of the sole reason of being married to a US citizen and their intention to immigrate w/o the right documentation.

If you are a foreigner married to a us citizen, who intends to live in this country, you either need a foreign spouse visa or a green card to enter this country, period.

Edited August 15, 2008 by GueraYTavo

[Qli 1]

OH wow! i have no idea about that. That you all so much for your responses!

[Qli 1]

Now my question is...what if he has no intent of living here before we got married or even after? What if we decide that my husband would stay after he returns from his home country? Maybe after getting marry, we realized that we may face financial problems because i would be the only one being able to work. Since F-1 visa bearers can't work...and if we decide to have children.....would that still fall on the same category that he still committed visa fraud???

Thanks all!

[Qli 1]

Also, just on the note, my husband has been on f-1 since he was 16. So he's been on F-1 status for over 6 years because i remember someone saying that it depends how long he's been on f-1.

[payxibka 10,045]

Now my question is...what if he has no intent of living here before we got married or even after? What if we decide that my husband would stay after he returns from his home country? Maybe after getting marry, we realized that we may face financial problems because i would be the only one being able to work. Since F-1 visa bearers can't work...and if we decide to have children.....would that still fall on the same category that he still committed visa fraud???

Thanks all!

If a claim of fraud is valid, it stems from having immigrant intent at the point of visa application or upon entry into the USA. Any subsequesnt financial distress or change in family status does not remove the intent issue of using a non-immigrant visa to permanently immigrate.

Also, just on the note, my husband has been on f-1 since he was 16. So he's been on F-1 status for over 6 years because i remember someone saying that it depends how long he's been on f-1.

No, because issue giving the "heartburn" is entering the USA with immigrant intent on a non-immigrant visa. For you, that is his entry two weeks from now.

Edited August 15, 2008 by fwaguy

[Qli 1]

When he comes back to the U.S. in a week, will the immigration officers at the airport know that he is married to me? Will it come up in the computer screen even though we didn't file aos? Thanks.

Edited August 15, 2008 by Qli

[EstebanTrabajos 7]

Now my question is...what if he has no intent of living here before we got married or even after? What if we decide that my husband would stay after he returns from his home country? Maybe after getting marry, we realized that we may face financial problems because i would be the only one being able to work. Since F-1 visa bearers can't work...and if we decide to have children.....would that still fall on the same category that he still committed visa fraud???

Thanks all!

Is not based on situation Qli, there is a visa process that has to be followed for each individual according to the purpose of his/her travel.

Your husband intends to cross as a foreign student, fully aware that his plans are to stay for good and adjust status. A big no no, there is a reason for the existance of a fiancees/foreign spouse visa, to avoid that people try to enter the country w/a tourist or student visa and want to adjust status.

Again, the story would be very different if he were still IN the US, but he left the country.

Check with an attorney to see what options you guys have...

No, they won't know that he is married to you nor will come up in the screen, but just remember, lying to an immigration officer is very serious, if he is caught lying it will be even worse...

Edited August 15, 2008 by GueraYTavo

[Qli 1]

i contacted an immigration attorney but he said things totally opposite of what we've been discussing and worrying. he said that my husband will have no problem getting a green card even if he applies right after he arrives in the US since he has been on F-1 since high school and there are records of him going back to his home country every summer or two. but i am still worried and don't know if the lawyer is right. he is not in a hurry to get a green card so we can put that issue to rest but now i am just worried about him being denied entry because we are just married!

[EstebanTrabajos 7]

i contacted an immigration attorney but he said things totally opposite of what we've been discussing and worrying. he said that my husband will have no problem getting a green card even if he applies right after he arrives in the US since he has been on F-1 since high school and there are records of him going back to his home country every summer or two. but i am still worried and don't know if the lawyer is right. he is not in a hurry to get a green card so we can put that issue to rest but now i am just worried about him being denied entry because we are just married!

We are just saying it's a possibility,

This is an example of what could happen when somebody intends to enter the country and adjust status w/o the proper visa,

http://www.visajourney.com/forums/index.ph...nd+denied+entry

[Qli 1]

i see. but he should be able to enter the U.S with no problems when he returns next week. We are not on the process of changing his status at all. we just got married...thats all that we've done, nothing else. SO we hope the immigration officer will not be suspicious or think that he have an intention to immigrate.

thanks all for your replies! appreciated it.

[filirican 3]

good luck on this one!