Student getting married

[headjh 0]

My friend has been a student for the last 4 years in the States. She is getting married in July back in Canada to a US citizen. She is not finished school yet... She hasn't even began to look at the immigration issues. Myself, going through the K1 process currently, am feeling very nervous for her. Will she be okay to get married here, because she can re-enter the US on a student visa??? After the wedding she can file the I 130?

[Little_My 464]

So are they planning to immigrate to the US permanently? Getting married to a USC abroad and then returning with an F1 visa while already married could be a problem. It shows immigrant intent, especially if they then proceed to file the AOS soon after returning from Canada, and F1 is a non-immigrant visa. How serious problem this might become, I'm not sure. It could be grounds for denial I guess, but how often USCIS denies F1 adjusters because of these types of reasons, I don't know.

Could they not get legally married here earlier, file the AOS, and then do the Canada wedding as planned? They would have to get on it right now though to make sure she has a travel document by the time they are supposed to go to Canada.

[Bobby+Umit 161]

You want to tell your friend to be careful about what they do:

http://www.visajourney.com/news/2009/02/04/married-couple-paying-the-price-for-a-fib-at-the-border/

Will she be continuing her studies upon her return?

[Moosker 7]

She needs to do some research....the last thing she wants to do is get married and happily try and cross the border and they deny her. Then she's separate from her husband for goodness knows how long (this actually happened to one of my school friends).

[Little_My 464]

Other option would be to get married in Canada, and she would then stay there and they would take the CR-1 route. This, however, would force her to stop her studies for at least one semester. Once she gets her GC, she can return as legal permanent resident and could then enroll back in school and finish her program.

I'd say it is one of those two.. 1) get married in the US legally, file for AOS, do wedding in Canada 2) Marry in Canada, go for CR-1, she stays in Canada until petition is approved.