marriage to US citizen -travel on F1

[check_me22 0]

Hello friends

I am on F1 visa right now and my fiancee is american citizen. We started going out last year in january and are planning to marry soon. Last december we took a trip to india for her to meet my parents and get their approval. We went on separate dates but came back on same flight back to US. It is on our passport and records that we came back on same flight.

Now my concern is that the trip to india with her ( an american citizen) and me coming back on F1 visa can be considered a visa fraud or not ?

I have read at some place that since F1 visa is the “ non immigrant “ visa and one should not travel and come back in the country on it even if he/she is “planning” to marry an american citizen as the “non immigrant intent “ is compromised and the visa officials can take it as fraud.

Later on after marriage when I will show proof that we met in jan and then afterwards we went to india together where all my family is, USCIS will infer that I had some intent of marriage in my mind. Would my coming back on F1 be construed as visa fraud in this scenario? What are the chances ?? Any precedents ?? any suggestions/ comments ??

[meauxna 15]

Why don't you go talk with your foreign student advisor? They are legally allowed to advise you on immigration matters.

[MPGGPM 0]

Hello friends

I am on F1 visa right now and my fiancee is american citizen. We started going out last year in january and are planning to marry soon. Last december we took a trip to india for her to meet my parents and get their approval. We went on separate dates but came back on same flight back to US. It is on our passport and records that we came back on same flight.

Now my concern is that the trip to india with her ( an american citizen) and me coming back on F1 visa can be considered a visa fraud or not ?

I have read at some place that since F1 visa is the “ non immigrant “ visa and one should not travel and come back in the country on it even if he/she is “planning” to marry an american citizen as the “non immigrant intent “ is compromised and the visa officials can take it as fraud.

Later on after marriage when I will show proof that we met in jan and then afterwards we went to india together where all my family is, USCIS will infer that I had some intent of marriage in my mind. Would my coming back on F1 be construed as visa fraud in this scenario? What are the chances ?? Any precedents ?? any suggestions/ comments ??

Were you registered to take classes when you came back? Didn't they ask for an I-20 from your school when you entered at the port of entry?

If you still have a full time course load, and continued with your studies, I would not believe that it would be a problem. Having an F-1 and just coming back with your fiancee , even on the same plane, hardly seems to count as visa fraud. That is IF you actually were registered and were in the process of continuing your studies. I mean..............you have to finish your degree, right?

I would assume it would only be a problem if you came back, and were let in (although at the airport they would check for your I-20...so without it, getting in would be hard to do in the first place).........and either never had an I-20, and therefore were not registered and admitted by your school to take classes.............or say..............you came WITH an I-20.......and then never took the classes you were registered for, and just used that as a ruse to get back in and get married. (which you don't sound as if you'd do

Other than that, I don't see why it would effect you.

Are you going to get married while here in the US...with the F-1? Or go back when your studies are done, and get married in India? Or perhaps have her file a k-1?

That might be another reason you asked the question. Because if you knew ahead of time when you came back in, regardless of whether you are taking classes , that you would marry her here when you are still a student.........THEN..............it might get tricky. I'd be careful with that.....and yes....ask your "international student advisor".......and do more research on that issue, so you don't get yourself into a more difficult situation than you had planned.

My wife married me when she was still in the USA on a J-1 visa.......however, she never left the country....nor I...as you 2 did..(and then came back). We got married before we did any traveling. Marrying while on a student visa is not a problem. BUT...your circumstances might be a bit different...since you DID leave and come back...........and you should look into it more.

If I were you, I would also make a few other calls to USCIS and the perhaps the consulate (if you want to remain anonymous..then the State Department..they don't usually ask for your name). Your International student advisor can give you some helpful information, but be careful about relying on just "their" information, as they are not always knowledgable about immigration issues, and its intricacies.

[kazanit 0]

You went with your girlfriend to visit your family/friends a year ago. I do not think this constitutes an intention to marry. I was on F1 and travelled with my gf/fiancee just fine - no one ever asked or questioned our intent.

[check_me22 0]

That might be another reason you asked the question. Because if you knew ahead of time when you came back in, regardless of whether you are taking classes , that you would marry her here when you are still a student.........THEN..............it might get tricky. I'd be careful with that.....and yes....ask your "international student advisor".......and do more research on that issue, so you don't get yourself into a more difficult situation than you had planned.

Hey MPGGPM

thanks for the reply dude

You pretty much pin pointed my concern there . I am worried that my going to india with my fiancee and coming back can be counted as that i " knew" ahead of time that i am going to marry her ( we had been going out an year , she came to india with me to same place where my family lives , chance is her rest of family is in delhi too... and our purpose was to get permission from parents.)

I was and am always " in status " with full course load and i had I 20 signed by my ineternational advisor before i went home which POE checked when i entered back . And ofcourse she went for US citizen line at port of entry and i went for foreign national line so POE officer had no reason to stop me/us.

I am a li'l reluctant to ask my international advisor as they are liable to keep track with USCIS about all students and am not sure if i did break the rule according to them, can they report my case to USCIS /other authority. i am not too sure .

can you please elaborate on what state dept or authority can i call anonymously. i am always reluctant to talk to any authority because i believe even though you place anonymous call , if they WANT to know, they HAVE means to know about anybody's identity.

i feel like i am reading too much into the lines and worrying too much but on my part i want to be safe then sorry later.

i appreciate your taking time to reply

[MPGGPM 0]

It's ALWAYS better to be safe than sorry. You're doing the right thing. I am probably a bit like you in that I worry quite a bit about things too, and always try to cover my bases just in case.

I don't know the exact number, but you can look up the State Department on the web. (I don't believe it's a 1-800 number though, so hopefully you have a cell phone or access to one so that you don't get charged long distance) When I had several questions and concerns regarding my wife in relation to her J-1 visa.....I called them a few times and asked many questions. (one thing...I always call another time, because the State Dept and USCIS unfortunately have a bad tendancy to give contradictory answers when you call on separate occasions....so never go by what just one person says).

But they never asked me for my name.

Also, you can call USCIS as well, and they do have a toll free line (look on the web for that one too).....and they won't ask for your name most likely either.

I would call and ask several places and not just rely on one phone call. (even some lawyers have free initial consultations and you could try that as well.....no one says you have to retain them).

I wish I could give you a more definitive answer, but although there are some parallels between your case and my wife's........it's not quite the same.....and you need to seek more definitive advice.

[check_me22 0]

You went with your girlfriend to visit your family/friends a year ago. I do not think this constitutes an intention to marry. I was on F1 and travelled with my gf/fiancee just fine - no one ever asked or questioned our intent.

hey kazanit

Did you file your GC case yourself or you hired a lawyer.. and you told me you travelled with your finacee /gf many times and still no questions in your interview

i am assuming you were on student visa too earlier before marriage

thanks

[kazanit 0]

You went with your girlfriend to visit your family/friends a year ago. I do not think this constitutes an intention to marry. I was on F1 and travelled with my gf/fiancee just fine - no one ever asked or questioned our intent.

hey kazanit

Did you file your GC case yourself or you hired a lawyer.. and you told me you travelled with your finacee /gf many times and still no questions in your interview

i am assuming you were on student visa too earlier before marriage

thanks

I applied for the GC myself, no lawyers, just used the guide from VJ. At my interview they did not care at all what status was I in before AOS. They cared about 2 things: that marriage is legitimate (thus travelling together helped to prove that) and that I have enough money to support the marriage.

Yes, i was on student visa for 4 years before marriage, and at the time of the marriage my OPT was expiring.