(How long) Should we wait?

[muddyclips 0]

I met my fiance in 2009 and continued a long distance relationship for 1.5 years until we decided to go to school together here in Oregon. I've been here as an F1 student since September 2011 (scheduled to graduate in summer 2014), and we're now engaged. However, we have planned to visit my family in Singapore in December so will have to wait until after the visit to get married, otherwise I will have to go through the visa process outside of the country and my studies would be interrupted. I will be continuing school in the winter term (after the december visit) through graduation, so will be entering the US as an F1 student again. We want to get married as soon as is advisable after the visit. How soon after my most recent date of entry is it advisable to have the wedding?

[DandT14 272]

Are you planning on staying in the country and adjusting your status after you get married?

If so, you'll have a problem coming back in on that F-1. What are you going to say if you are asked by a border patrol agent if you plan on staying? You can't lie, and if you tell them you're going to get married and adjust your status, they probably won't let you in.

[muddyclips 0]

No, after graduation we are planning to do mission work, we're not sure where yet, so I'm not planning to reside in the states beyond my course of study. Should I even try to adjust status at all knowing that I will be leaving the US for years at a time? What happens when we come back for visits? Can I still enter the US on the VWP for 3 months at a time while married to a USC?

[AF-Wife 181]

No, after graduation we are planning to do mission work, we're not sure where yet, so I'm not planning to reside in the states beyond my course of study. Should I even try to adjust status at all knowing that I will be leaving the US for years at a time? What happens when we come back for visits? Can I still enter the US on the VWP for 3 months at a time while married to a USC?

If you would get your GC, you shouldn't leave the country more than 6 months. Years at a time and you will waste the money for your greencard, because you definitely won't be able to use it anymore. Why wouldn't you be able to use VWP? As long as you don't lie to the IO, you will be ok. I would suggest, to be prepared, to show some strong ties outside the US, especially when being married to a US citizen.

[muddyclips 0]

Doesn't that mean though, that after we're married I can no longer enter the US as an F1 student, even though I have no intent to stay. I had heard that once i'm married to a USC I may be denied entry as a student because I have little ties to my home country and insufficient proof that I will be leaving.

[aayitrun 66]

Doesn't that mean though, that after we're married I can no longer enter the US as an F1 student, even though I have no intent to stay. I had heard that once i'm married to a USC I may be denied entry as a student because I have little ties to my home country and insufficient proof that I will be leaving.

correct - if you are married to a usc, most probably you will be denied entry on f1 at poe.

technically even entering while ur not married, with the intent to marry and aos is fraud. i suggest not leaving right now, getting married and filing aos.

[DandT14 272]

Doesn't that mean though, that after we're married I can no longer enter the US as an F1 student, even though I have no intent to stay. I had heard that once i'm married to a USC I may be denied entry as a student because I have little ties to my home country and insufficient proof that I will be leaving.

I don't think it's an automatic denial, but it's likely to cause you problems. The border agents have to believe you're going to leave when you're supposed to. And if you're married (or possibly even engaged) to a USC, without strong ties to your home country, they probably won't believe you plan on leaving.

It sounds to me like you'd be better off getting married and applying for a spouse visa when you think you're ready to settle down in the US.

Edited July 30, 2012 by DandT14

[muddyclips 0]

correct - if you are married to a usc, most probably you will be denied entry on f1 at poe.

technically even entering while ur not married, with the intent to marry and aos is fraud. i suggest not leaving right now, getting married and filing aos.

I only intend to remain in the states until I get my degree in 2014. I can do that on my current F1 visa and i20. A previous poster suggested that I not waste time and money filing for AOS since I will be leaving the US for years at a time, and not living here long term at all. That's the opposite of what you're saying?

[aayitrun 66]

I only intend to remain in the states until I get my degree in 2014. I can do that on my current F1 visa and i20. A previous poster suggested that I not waste time and money filing for AOS since I will be leaving the US for years at a time, and not living here long term at all. That's the opposite of what you're saying?

ok so your case is unique. the problem here is that even though ur intent is to leave.. being married to a usc will not fly well with any IO.

basically the summary is this: once u get married.. it will be nearly impossible for you to enter on f1. so then when u leave, u'll need an immigrant visa to enter. plan to marry only when ur sure u dont want to come back.

[Little_My 464]

I was in the US for two years with an F1. For the first half of that I has an American boyfriend, and for the second half he became my fiance. I entered the country at least 7 times during those two years with my F1, and not once was I asked anything about an american boyfriend, fiance, husband, or intent to remain in the country. There was no reason to. I am not saying that the OP shouldn't be prepared for a tough situation at POE IF she is ever asked about something related to her marital status, but it's not something that routinely is asked from F1 students. If she does not want to remain in the US after school, it makes no sense to apply for a greencard at this point.

muddyclips - marrying a US citizen does not in any way invalidate your F1 visa. Your visa is valid until 2014 and you are in status, as long as you remain in school and follow the regulations attached to the visa. IOs at POE do not have access to information regarding your marital status. If you are asked about it, you of course have to tell the truth - but you do not need to volunteer information about being married to a US citizen. It seems to me, based on what you have said, that you do not have intent to immigrate to the US at this time. Therefore, even if you marry a US citizen and use the F1 to enter the US after the marriage, there's nothing wrong about that. Entering with a non-immigrant visa as the spouse of a US citizen is not fraud. Entering with the intent to permanently remain in the US and file for AOS is. There is a big difference.

Again, I am not saying that the risk of your marriage resulting in denial of entry doesn't exist. Personally I just think it is fairly small. And given your situation, I really don't see any point in filing for AOS at this stage either.

[aayitrun 66]

ok so your case is unique. the problem here is that even though ur intent is to leave.. being married to a usc will not fly well with any IO.

basically the summary is this: once u get married.. it will be nearly impossible for you to enter on f1. so then when u leave, u'll need an immigrant visa to enter. plan to marry only when ur sure u dont want to come back.

oh btw.. i was thinking about getting an f1 visa for the most part. for re-entry u should be ok as long as the u dont volunteer info at the poe.

[muddyclips 0]

I was in the US for two years with an F1. For the first half of that I has an American boyfriend, and for the second half he became my fiance. I entered the country at least 7 times during those two years with my F1, and not once was I asked anything about an american boyfriend, fiance, husband, or intent to remain in the country. There was no reason to. I am not saying that the OP shouldn't be prepared for a tough situation at POE IF she is ever asked about something related to her marital status, but it's not something that routinely is asked from F1 students. If she does not want to remain in the US after school, it makes no sense to apply for a greencard at this point.

muddyclips - marrying a US citizen does not in any way invalidate your F1 visa. Your visa is valid until 2014 and you are in status, as long as you remain in school and follow the regulations attached to the visa. IOs at POE do not have access to information regarding your marital status. If you are asked about it, you of course have to tell the truth - but you do not need to volunteer information about being married to a US citizen. It seems to me, based on what you have said, that you do not have intent to immigrate to the US at this time. Therefore, even if you marry a US citizen and use the F1 to enter the US after the marriage, there's nothing wrong about that. Entering with a non-immigrant visa as the spouse of a US citizen is not fraud. Entering with the intent to permanently remain in the US and file for AOS is. There is a big difference.

Again, I am not saying that the risk of your marriage resulting in denial of entry doesn't exist. Personally I just think it is fairly small. And given your situation, I really don't see any point in filing for AOS at this stage either.

Thank you for the great advice, I feel a lot more comfortable now