Okay..I is so confused! Marriage with Student Visa?

[Kamijyou 0]

I know..I sound pretty dumb and all >_<

But I'm planning to achieve a scholarship in Indiana in the next two years, if I do get it, I will get to see my boyfriend and study being a teacher while living with him.

By that time we would have had been (through internet) together for nearly three years and I told him by then that if we were still together, I'd marry him..I do love him >.<

And I miss him so much since I'm not with him...miles and miles away..

And I just really can't find the answer to this anywhere but, can I marry him while I'm on my student visa?

I just want to be with him so much...and I miss him...

Please help?

[SunDrop 59]

I know..I sound pretty dumb and all >_<

But I'm planning to achieve a scholarship in Indiana in the next two years, if I do get it, I will get to see my boyfriend and study being a teacher while living with him.

By that time we would have had been (through internet) together for nearly three years and I told him by then that if we were still together, I'd marry him..I do love him >.<

And I miss him so much since I'm not with him...miles and miles away..

And I just really can't find the answer to this anywhere but, can I marry him while I'm on my student visa?

I just want to be with him so much...and I miss him...

Please help?

Yes, but you might have to overcome a home residency rule in order to successfully adjust your status, depending on the source of your studies funding.

Moving to AOS from student visas, as OP is not intending to apply for a K-1, where the original thread was posted.

Edited March 31, 2010 by SunDrop

[Kamijyou 0]

Yes, but you might have to overcome a home residency rule in order to successfully adjust your status, depending on the source of your studies funding.

Moving to AOS from student visas, as OP is not intending to apply for a K-1, where the original thread was posted.

Um..Home Residency Rule?

I was reading all these sites on Student Visas and I'm afraid I haven't come across it...

[Brother Hesekiel 2,236]

Yes, if you two decide to get married while you are living legally in the US, you can adjust status from student to permanent resident without problems.

[Brother Hesekiel 2,236]

Okay,

the residency rule does apply under certain cases. Best is too read up on it and then decide if it applies to you:

http://travel.state.gov/visa/temp/types/types_1267.html#15

[Kamijyou 0]

Okay,

the residency rule does apply under certain cases. Best is too read up on it and then decide if it applies to you:

http://travel.state.gov/visa/temp/types/types_1267.html#15

So uh..which part would I read? O.O I can't tell...

And also, I thought there were restrictions on Student Visas..I just don't know if it is restricted to get married...

Wait but I WILL go there for study yet...

...I still have to go back home after being married? Can my spouse go back with me for that time to my country? What if we already have a child?

Ahh >.< So many problems with only one question >.<

Edited April 1, 2010 by Kamijyou

[SweetApple08 2]

So uh..which part would I read? O.O I can't tell...

And also, I thought there were restrictions on Student Visas..I just don't know if it is restricted to get married...

Wait but I WILL go there for study yet...

...I still have to go back home after being married? Can my spouse go back with me for that time to my country? What if we already have a child?

Ahh >.< So many problems with only one question >.<

There are two types of visas F-1 and J-1 student visa. For F-1 visa you have to provide your own source of money to pay for college, including money from your savings, parents, some scholarships and other sources. J-1 student visa is usually an exchange student or visas that are given to students who come here with paid tuition from the school, organizations or countries who qualify to study in USA and after the study is done they are required to go back home to work there for 2 years. Under F-1 visa you can adjust status (after some tme has passed) but under J-1 usually you cannot without getting a waiver (most of the time it is pretty hard to get).

Second part, you can marry anytime you are in USA. Adjusting of status is another story. Your spouse can live with you in your country if your spouse would like to do so.

Edited April 1, 2010 by SweetApple08

[Kamijyou 0]

There are two types of visas F-1 and J-1 student visa. For F-1 visa you have to provide your own source of money to pay for college, including money from your savings, parents, some scholarships and other sources. J-1 student visa is usually an exchange student or visas that are given to students who come here with paid tuition from the school, organizations or countries who qualify to study in USA and after the study is done they are required to go back home to work there for 2 years. Under F-1 visa you can adjust status (after some tme has passed) but under J-1 usually you cannot without getting a waiver (most of the time it is pretty hard to get).

Second part, you can marry anytime you are in USA. Adjusting of status is another story. Your spouse can live with you in your country if your spouse would like to do so.

Ohhh I see...

So if I get a scholarship from Purdue am I an F-1? Since the source of money is technically from the school since its a scholarship. And when I get married DURING that time does my visa change? O.O

Edited April 1, 2010 by Kamijyou

[SweetApple08 2]

Ohhh I see...

So if I get a scholarship from Purdue am I an F-1? Since the source of money is technically from the school since its a scholarship. And when I get married DURING that time does my visa change? O.O

I am not sure what to tell you. If Purdue University is giving you the scholarship as part of the exchange program then they will issue you paperwork for J-1 visa, which has (ususally) the two years back home requirement.

If Purdue university is giving you scholarship because of other reason not related to the exchange program, then they will give you paperwork for F-1 visa (this is the one you would want).

I had scholarship too from my University (it was from a honor society) no problem there as long as I had F-1 Visa and not part of the exchange program.

Students and Exchange Visitors

The United States welcomes thousands of foreign students and exchange visitors every year.

If you wish to pursue full-time academic or vocational studies in the United States you may be eligible for one of two nonimmigrant student categories the “F” category is for academic students and “M” is for vocational students.

If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.

F-1 Visa

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

You must be enrolled in an "academic" educational program, a language-training program, or a vocational program

Your school must be approved by USCIS

You must be enrolled as a full-time student at the institution

You must be proficient in English or be enrolled in courses leading to English proficiency

You must have sufficient funds available for self-support during the entire proposed course of study

You must maintain a residence abroad which he/she has no intention of giving up.

F-1 Student Visa

The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

J-1 visa

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.

Examples of exchange visitors include, but are not limited to:

Professors or scholars

Research assistants

Students

Trainees

Teachers

Specialists

Nannies/Au pairs

Camp counselors

Application Process

The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66). This form will be provided by your sponsoring agency. You should work closely with the officials at your sponsoring agency who will be assisting you through this process. An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO). Your RO or ARO will explain to you what documents are needed in order to be issued a DS-2019.

After you have obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate. The waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged (though you may not enter the United States in J-1 status more than 30 days before your program begins).

[SweetApple08 2]

And when I get married DURING that time does my visa change? O.O

You visa does not change. A visa is just to enter USA, when you enter USA you are granted Student non-immigrant status. If you get married you status as a student does not change unless you apply for Adjustment of Status with USCIS to get your permanent resident card. Adjustment of status in F-1 visa after some time of entry in USA is no problem, but with J-1 visa is not the same case.

[Betti 1]

I was in the US for a year on the J-1 visa, did not have the 2 year rule and adjusted status with no problems. So even if you will come on the J-1 visa, it's still possible to get married and adjust your status. If the 2 year rule applies to you, you can file for a waiver in order to adjust your status (cost more time and money and is often not granted).

If you intend to come, get married and stay at your entry to the US, you are not following the right route. This is not legal, since neither the F-1 nor the J-1 are visas to immigrate.

If you come to the US and while you are here decide to get married and adjust your status, that is perfectly fine.

Good luck either way!

[ilovebangladesh 1]

I'm an international student adviser at a university in the USA and work with F-1 and J-1 students daily. I also know the staff at Purdue's international office. Unless you are on a reciprocity or exchange program, you will most likely be applying for an F-1 visa. You should be able to apply for a change of status after your marriage. I would, however, wait some time before applying for the change of status. Generally, we advise students to not change status until they are in their current status for 6+ months, unless there are extenuating circumstances.

Best of luck!

[asdic 1]

I'm an international student adviser at a university in the USA and work with F-1 and J-1 students daily. I also know the staff at Purdue's international office. Unless you are on a reciprocity or exchange program, you will most likely be applying for an F-1 visa. You should be able to apply for a change of status after your marriage. I would, however, wait some time before applying for the change of status. Generally, we advise students to not change status until they are in their current status for 6+ months, unless there are extenuating circumstances.

Best of luck!

when you say, not change the status unless 6 or more months have elapsed, does that include after their initial entry into the US or subsequent entries also?

[Usui Takumi 1,562]

when you say, not change the status unless 6 or more months have elapsed, does that include after their initial entry into the US or subsequent entries also?

Initial Entry, ie. when the visa is activated. The reason, I assume, that ilovebangladesh mentions the 6 months is to reduce the chances that USCIS may suspect some sort of fraud. There is no magic number, but 6 months sounds pretty reasonable.

Edited April 1, 2010 by Sousuke

[Kamijyou 0]

Oh wow!

So I can get an F-1 visa at Purdue..that's even better! >_<

I just..I want to live with my boyfriend either way..whichever country, but he wants to stay in the states..

So I just want to be with him as I pursue my career education And even after that..>.<

which is to be a history and Japanese teacher.

I know at this stage, it will be at least two years before I see him..

But thank you for answering my questions everyone! Thanks a lot! It cleared everything and now I now what to aim for at school！