Getting married and leaving US for a month

[kurrypie 0]

It is my understanding that one will be committing visa fraud if one enters the United States on a visa that does not allow for immigration/adjustment of status if one has the intention of immigrating/adjusting status at the time of entry.

This is what I thought, too. However, this would imply that any international PhD student in the US must drop out for a year if he/she gets married to a citizen and decides to take a trip abroad. Is that right?

[pushbrk 12,979]

This is what I thought, too. However, this would imply that any international PhD student in the US must drop out for a year if he/she gets married to a citizen and decides to take a trip abroad. Is that right?

No, it is NOT right. This couple has not yet decided WHEN to have the foreign spouse immigrate. As long as she's still a student, no worries. Besides, intent at entry is not grounds to deny adjustment of status to the spouse of a USC. Detecting that intent at the POE, though, can get your entry denied, EVEN IF you don't intend to actually immigrate on that entry. Please don't confuse the issue further. I've explained things correctly already.

Edited March 4, 2013 by pushbrk

[EAS 45]

No, it is NOT right. This couple has not yet decided WHEN to have the foreign spouse immigrate. As long as she's still a student, no worries. Besides, intent at entry is not grounds to deny adjustment of status to the spouse of a USC. Detecting that intent at the POE, though, can get your entry denied, EVEN IF you don't intend to actually immigrate on that entry. Please don't confuse the issue further. I've explained things correctly already.

Ok, then if she is still a student and "no worries" why did you state "No need to mention the marriage at all."?

I am not an immigration expert so don't take the question above as disputing what you have categorically stated is the correct information.

[pushbrk 12,979]

Ok, then if she is still a student and "no worries" why did you state "No need to mention the marriage at all."?

I am not an immigration expert so don't take the question above as disputing what you have categorically stated is the correct information.

Fair question. Giving the CBP officer the impression one has immigrant intent can result in a denied entry, whether there is immigrant intent or not. As such, it is best to avoid giving that impression. She's a student with a valid visa, returning to school. She is no more obligated to mention the possibility she may apply to adjust status at some time in the future than she is to mention she might go to a ballgame or a public library.