F-1 to Green Card?

[chico 0]

First Post:

I am a U.S. citizen. My girlfriend is Italian and here on a student F-1 visa that will not expire for another two years. We are getting married in a civil ceremony in the U.S. in April and a church ceremony in Italy in May. We are also having a child in Italy in July.

We were concerned about how the wedding and child might change her F-1 status (we were informed by the school that this would not change it). Also, we wanted to apply for her green card. Does any one know if it would be possible for her to travel in and out of the U.S. with her F-1 while we are waiting for final word back on the green card? Would our submitting the green card application while she is still under the F-1 nullify her F-1 status?

Thanks!

[Ryan1 0]

Yo Chico,

welcome to visajourney! I hope the people on this fourm can help you out on this question and the others that will inevitably emerge over time.

good luck!

[stormy's hubby 0]

Chico,

My totally non-authorized reply is that your future wife's F1 is in danger. Her status under the F1 is no longer valid once she has immigrant intent; which is what she will have if she marries you. You need to apply for fiance (K1) or marriage (K3) visas before you can apply for a green card (CR-1).

[timelena 0]

Chico,

in my opinion, you should apply for adjustment of status after marriage. In about three months (if you are lucky), your wife will get an AP and may travel. Still, within these three months you will have a biometrics appointment, and may be requested to provide some additional documents - so you and your wife better stay in the US. And it would be difficult to have a baby in Italy in July.

[kc456 0]

You need to apply for fiance (K1) or marriage (K3) visas before you can apply for a green card (CR-1).

If your fiancee is in the US, you can apply to adjust status from within the US, without filing for K1 or K3. But the travel may get tricky; she'll most likely need an advance parole document, once you file for AOS, to come back into the states.

You will need to file I-130 (petition for alien relative) for your fiance, in addition to her filing for AOS (I-485 and AP). She will also need a full medical examination, not just the vaccination supplement to be filed with AOS.

Edited February 22, 2006 by kc456

[radacos 0]

"Technically", her F-1 status will not be affected by marriage, since, "technically", someone who is married to a USC does not automatically have immigrant intent. So, if she were to remain in the US for the duration of her status, she would be able to enjoy all the benefits of the F-1 status. However, you never know how the immigration officer at the Port of Entry would react if she tried to enter the country as an F-1, but while married to a USC. So it's probably not entirely safe for her to leave the country after marriage, but before filing for AOS. Also, please be very careful not to assume that, while her AOS is pending, she can still use her F-1 visa to enter the country. Once you file for AOS, regarless of what your status is, you will be pending status, and will need to have Advance Parole before leaving the country (otherwise USCIS will asume that you have abandoned your application). As a former F-1, she can still study and work on campus while her status is pending, but that's about it.

"Technically", her F-1 status will not be affected by marriage, since, "technically", someone who is married to a USC does not automatically have immigrant intent. So, if she were to remain in the US for the duration of her status, she would be able to enjoy all the benefits of the F-1 status. However, you never know how the immigration officer at the Port of Entry would react if she tried to enter the country as an F-1, but while married to a USC. So it's probably not entirely safe for her to leave the country after marriage, but before filing for AOS. Also, please be very careful not to assume that, while her AOS is pending, she can still use her F-1 visa to enter the country. Once you file for AOS, regarless of what your status is, you will be pending status, and will need to have Advance Parole before leaving the country (otherwise USCIS will asume that you have abandoned your application). As a former F-1, she can still study and work on campus while her status is pending, but that's about it.

[takkathan 0]

I am on an F-1 visa when I married my husband (a us citizen). We just follow all the paper work by going to the uscis website... I filed I-130 and I-485 at the same time and everything seem to work okay. I just went and have my fingerprint process done today. However, I think your wife should continue being a full-time student until she receives her unconditional green card.

[meauxna 15]

"Technically", her F-1 status will not be affected by marriage, since, "technically", someone who is married to a USC does not automatically have immigrant intent.

Funny, I've always read the exact opposite of that. Marriage to a USC *increases* the alreadypresumed immigrant intent.

[radacos 0]

Meauxna, it certainly increases the *possible suspicion* immigrant intent, but it does absolutely nothing to the status of the F-1 bearer while he or she is in the US. There are a number of things that can put an F-1 student out of status, but marriage is not one of them. However, and this is where you are right, the officer at the port of entry (who is the person authorized to bestow a certain status on a visa bearer) would be likely to see immigrant intent in the marriage, which could create problems.

So, while the OP's wife remains in the US, she'll be totally fine as an F-1 (until her status expires). Were she to leave and seek re-entry, she might run into problems.

[zyggy 9]

Meauxna, it certainly increases the *possible suspicion* immigrant intent, but it does absolutely nothing to the status of the F-1 bearer while he or she is in the US. There are a number of things that can put an F-1 student out of status, but marriage is not one of them. However, and this is where you are right, the officer at the port of entry (who is the person authorized to bestow a certain status on a visa bearer) would be likely to see immigrant intent in the marriage, which could create problems.

So, while the OP's wife remains in the US, she'll be totally fine as an F-1 (until her status expires). Were she to leave and seek re-entry, she might run into problems.

I remember back when I worked for the INS (now CBP) at a POE, we had to send a poor unfortunate Korean girl who had an F-1 visa back to Canada because we found out that she was married to a USC. She then had to get a temporary resdient visa in Canada because we had rejected her and she then scrambled to get accepted to the University in Canada so she could stay somewhat close to her husband and subsequently get a student visa there. The funny thing is she had to fly to the Bahamas to get the visa because she couldn't enter the US to get it. Big story in the papers... but the law is the law.

So long story short... yes you can get married to a USC on an F-1 visa, but in order to leave the US, you have to file the I-485 for Permanent Residency and I-131 and get Advanced Parole...

Edited February 22, 2006 by zyggy

[sanaay 0]

I was an F1 visa holder before I changed status. Once you get married to a US citizen and have intentions of staying in the US it is best to submit AOS papers and apply for advanced parole if you intend to travel outside the US. I do not think that the F1 status is valid after marriage to a USC and with the intention of remaining in the country.