Student marrying US Citizen

[jman11 0]

I'm not sure this is in the right forum, but it seemed to fit the best here of anywhere.

So, first a little bit of relevant information about myself. I'm an Australian citizen studying in America with an F-1 visa. My visa is about to expire (in May) and I am not planning to graduate until August. At which point I will be going to an academic job somewhere (possibly US, or another country). I am planning on returning in April to Australia to renew my visa, visit a dieing relative, and introduce the Fiancee to the family. I am getting married in September.

I am really unsure as to what is going to happened once we are married. I tried asking the advisers at the University, and they were pretty useless. I am allowed to be in the US, and to work at the university, but every time I fill in a form I have to promise I'm not doing anything to change my immigration status. Have I changed my status? Is popping the question considered trying to immigrate? I have no current plans to immigrate; I am as likely to end up in Europe over the next few years as the US. I've also heard about interviews and such stuff, but I am assuming this is if I was trying to become a permanent residence.

I don't like the idea of my visa being denied because I am about to marry a US citizen. This would mean I can't work, I can't study, and all sorts of bad things.

[rebeccajo 14]

I think you are going to have to be a bit more definitive with your life plans before you can get any kind of answer from anybody.

If you are married to a USC, and come over to be with him on any kind of visa other than spousal, you can assume you are going to get questioned at POE. You are going to have to show some sort of ties to some sort of commitment (job, place of residence, etc.) or you are liable to get turned back.

You realize I hope that you can't just hop about the world without some type of papers.

On the other hand, K-3 visas are multiple entry and people do travel on these. Get some advice in the K-3 forum about that.

Your fiance could also marry you in Australia and apply for DCF there - look in that forum for travel restrictions, if any.

In both of those cases, however, you are immigrating to the US which you say you don't wish to do.

Anybody else want to hop in on this one?

Edited February 16, 2006 by rebeccajo

[jman11 0]

I understand that we will need documents to travel. All my current documents are in order. I am just asking if I have unwittingly done something that means I may not be able to renew my visa. I am not looking to immigrate to America; I just want to study here until August and marry an American. Then I'll probably leave with her for Europe or Asia, depending on where I find work. I can do all these things without being engaged. I can also take a spouse with me when I get a job. It is renewing my student visa for 4 months that looks like the problem.

The ties thing does worry me. Having been a student in the US for 5 years, a PhD, it is a little difficult to show ties to Australia. I have family and friends back there, but no job, property or anything like that. I also don't have any property in the US for that matter. I'm a grad student; I own books and Ramen noodles.

[chocolaterie 0]

I'm pretty sure you can tell it's going to be hard to answer this question, since you are unsure of your future plans (naturally you would be, since you don't know where you'll be!). If you tell immigration officers that you have a USC fiancee they'll want you to get a k-1 visa. Unless you want to get married now and file for AOS. Or you can hold off until you finish your studies.

[rebeccajo 14]

Sorry, dude. Didn't realize you were the guy. Mea culpa.

Oh, and as near as I know, you haven't messed up your current visa just by getting engaged.

But you might have trouble convincing POE people that you aren't immigrating if you mention a fiance.

Edited February 16, 2006 by rebeccajo

[hcj 0]

As I see it, you have a few options:

1) Renew F visa, get married, stay in US only as long as you can legally stay on your F visa.

2) Get married now in a civil ceremony, file for AOS, and wait until you get AP before leaving for Australia to visit your dying relative and to introduce your fiancee/wife to your family. You can still have the big ceremony in September.

3) Go to Australia, get married there and "DCF" for an immigrant visa (turns into a GC when you use it to enter the US) at the US consulate -- it's same-day turnaround if you have all your paperwork in order.

I know you don't really want to immigrate but getting a GC might be the easiest way to do everything you want to do. Plus it keeps your options open in case you get a really super job offer in the US or if nothing from Europe/Asia comes through. When you decide to move away from the US, simply turn your GC back in. (This won't be held against you if you choose to apply for a GC again in the future.)

Otherwise, I guess you will just have to convince the consulate officer in Australia that you are going to finish your studies and then go home/Europe/Asia. If they refuse to renew your F visa because you're engaged to an American, you can always get married while in Australia and pursue the DCF route instead.