Can we Marry on an F-1 visa?

[SOflaherty 40]

OP, just to clarify in a lot less words...Your boyfriend has authorized stay here on his F1 into 2014, so you are good there(AOS takes 3-5 months lately). If he is planning to tie up some loose ends during a trip home next month, I would let him do that, and then marry and adjust once he comes back. They won't give him a hard time because he's already on an F1 status, whereas if you marry first, you'll have to wait 8 weeks or so from the time of filing for advanced parole to be approved since he'll have a pending AOS. With a valid F1 they might not care about the AOS and him leaving, but better safe than sorry when traveling.

It's not a problem to marry and adjust on an F1, but if he is already planning to go back to take care of things, getting married after he comes back will mean he won't have to delay that trip. (I'm not touching the 'intent' thing since last I heard border patrol hasn't employed mind readers, they'd only know you intend to marry if he tells them.)

Edited April 10, 2013 by SOflaherty

[Inky 1,111]

If he is planning to tie up some loose ends during a trip home next month, I would let him do that, and then marry and adjust once he comes back.

This is visa fraud and a violation of the TOS of this website. He cannot leave, come back and marry and adjust status.

[ValerieA 350]

OP, just to clarify in a lot less words...Your boyfriend has authorized stay here on his F1 into 2014, so you are good there(AOS takes 3-5 months lately). If he is planning to tie up some loose ends during a trip home next month, I would let him do that, and then marry and adjust once he comes back. They won't give him a hard time because he's already on an F1 status, whereas if you marry first, you'll have to wait 8 weeks or so from the time of filing for advanced parole to be approved since he'll have a pending AOS. With a valid F1 they might not care about the AOS and him leaving, but better safe than sorry when traveling.

It's not a problem to marry and adjust on an F1, but if he is already planning to go back to take care of things, getting married after he comes back will mean he won't have to delay that trip. (I'm not touching the 'intent' thing since last I heard border patrol hasn't employed mind readers, they'd only know you intend to marry if he tells them.)

Whether they have mind-readers or not, it is still illegal. Now that the OP's boyfriend intends to adjust, he can not leave the country until he receives his AP or green card.

[seth2013 39]

I think you've got it. Everything you just said is correct

Oops, you guys ninja'd me. I was talking to the OP

Edited April 10, 2013 by sethless

[Harpa Timsah 13,258]

This is visa fraud and a violation of the TOS of this website. He cannot leave, come back and marry and adjust status.

No it's not. I have reported this to mods in the past and have had long discussions and they think it's A-OK. See for example. http://www.visajourney.com/forums/topic/417474-getting-married-and-leaving-us-for-a-month/

This even advocated pretending to not be married and going in separate lines when coming back to the US, which I reported and was told it was all fine and was a "grey area."

[SOflaherty 40]

Now that the OP's boyfriend intends to adjust, he can not leave the country until he receives his AP or green card.

This is visa fraud and a violation of the TOS of this website. He cannot leave, come back and marry and adjust status.

He can actually, very easily. You confuse ethics with legality. The legality is that he has a valid F1 which he will be returning on, his intent when he comes back has no bearing on anything at this point. The US Government is very aware that circumstances change and minds change, otherwise it would be flat-out illegal to adjust status on an F1, but it's not.

Legally he has every right to do so on a valid F1, regardless of when he decides to marry, and your opinion of the ethical side of that doesn't change anything.

OP, please note the dissenters did NOT adjust from a tourist or student visa, and many who do the family visa process like they did(IR-1, K-1) have very set ideas on how it *should* be done because that's how *they* did it. No one here is advising you to do anything illegal - there is a reason we have an 'Adjustment from Work,Student' and Tourist Visa' forum, because it is an alternate but perfectly legal way to do it. Some people just can't handle anyone doing it differently than they did.

Edited April 10, 2013 by SOflaherty

[ValerieA 350]

He can actually, very easily. You confuse ethics with legality. The legality is that he has a valid F1 which he will be returning on, his intent when he comes back has no bearing on anything at this point. The US Government is very aware that circumstances change and minds change, otherwise it would be flat-out illegal to adjust status on an F1, but it's not.

Legally he has every right to do so on a valid F1, regardless of when he decides to marry, and your opinion of the ethical side of that doesn't change anything.

OP, please note the dissenters did NOT adjust from a tourist or student visa, and many who do the family visa process like they did(IR-1, K-1) have very set ideas on how it *should* be done because that's how *they* did it. No one here is advising you to do anything illegal - there is a reason we have an 'Adjustment from Work,Student' and Tourist Visa' forum, because it is an alternate but perfectly legal way to do it. Some people just can't handle anyone doing it differently than they did.

No one is saying it is illegal for him to AOS once he is in the States. What we are saying is that it is illegal for him to enter the US with immigrant intent, on a nonimmigrant visa.

I am just searching for the exact law from USCIS, will post it once I have it. I'm also supposed to be working.

ETA: I certainly did adjust from a tourist visa.

Edited April 10, 2013 by ValerieA

[mariaandnic 1]

I see the argument here for both sides and i understand how it could be very possible to try to go to Canada for a week and then come back and he could go back to school to work. But at the same time, there is no REAL need to go back to his home for any reason before we get the marriage lisence and apply for stuff. so if that is a "safer" better "looking" route as far as record reviews go. then mabey we'll just keep him here to be safe. I totally see where you guys are coming from, but i am really worried about keeping it legal so, i think I'll just keep him here

[Lex Specialis 38]

You can get married whenever and whatever the status. I believe the question you are asking is can your Canadian national F1 bearing fiance adjust status Stateside, and the answer is yes. Work permit within 90 days of filing for the green card, and your interview will be in 5-7 months, (assuming the USCIS finds your marriage to be in good faith) with a green card in the mail shortly thereafter. If you do file for a green card, DON'T leave the country without filing for an advanced parole. Ideally, if you can avoid it it's best not to leave the country at all while it's pending.

[seattlef1 0]

At the risk of not adding any greater clarity, here's how I understand the entering on F1 then adjusting to stay.

1) As most people have said that's 100% fine. People enter the US all the time on F1 visas then meet someone etc etc. If you enter without the intention of staying but things change, well that's just life.

2) In terms of entering in the 'grey area' that's being discussed, I think as others have said it's about better safe than sorry, and I certainly wouldn't give advice that went against that. However, something similar came up with me and there was never a problem.

I had been living with my now wife in the UK for a few years (she's a USC I'm from the UK). We moved to the States for me to go to school in Seattle and while here got married. We always knew we would get married although we weren't actually engaged until after we arrived in Seattle. Anway, after our marriage we went on honeymoon outside the US. Upon re-entry we went through the border together as a married couple. The conversation went like this

- "Are you guys married?"

- "Yes"

- (to my wife) "Do you have a petition out for him?"

- "No"

- "Why not?"

- "We haven't made a final decision on where we want to settle yet."

- (to me) "So you're still at school?"

- "Yep, until at least March."

Then he let us through.

I was worried beforehand because I'd heard about the potential for problems. I was a little worried that they would have taken our life in London prior to moving to the US as a sign on immigrant intent, and I was a little worried about the re-entry after our honeymoon, but they weren't a problem. This is certainly not to say that these things are never a problem, but this is how it worked out for us.

It's important to note that at no point did we lie to anyone, were genuinely weren't sure where we were going to settle. Staying in the US was a good bet, as was returning to the UK, and this what we told the border person. My wife got a new job shortly after we returned from honeymoon and this is what really made the decision for us.

As I see it overall, it's not true that you cannot get married and then re-enter the US on an f1 visa, I did it. However, if you've made a firm commitment to staying in the US then it's going to be hard to show that you don't yet know, which as I understand it is essential.

[Kathryn41 3,205]

No it's not. I have reported this to mods in the past and have had long discussions and they think it's A-OK. See for example. http://www.visajourn...us-for-a-month/

This even advocated pretending to not be married and going in separate lines when coming back to the US, which I reported and was told it was all fine and was a "grey area."

Actually, this isn't exactly true. We did not advocate pretending not to be married and going through two separate lines. That was someone else's post.

The 'grey area' is that the intent of the individual is dual at this stage - he is still a student and still intending to be a student upon his return to the US. In the prior post situation, the individual would be a student until well into 2014 and would be continuing her studies whether she was married or not. One is allowed to adjust status from a student visa - it does happen regularly. The difficulty comes in determining what is the primary reason for the individual's return to the US. Are they coming solely to get married and stay? Or are they coming as a student to continue their studies and will be getting married while here? If the individual wasn't getting married would they still be entering the US? So, then what 'intent' trumps the other? Does it mean that someone who has a valid student visa is not allowed to marry while they are here, or does it mean that they have to give up their studies if they get married? Nowhere is there legislation from USCIS stating these are requirements.

In this case, it sounds like the primary intent is to continue as a student and the individual would be returning to the US to continue studies even if there was not a marriage in the future. If the student were not intending on returning to class but was planning on using a visitor or student or work visa solely as a means to enter the US in order to get married and bypass the proper spousal immigration process, then that is clearly fraud. That is not the case here. There is no fraudulent intent. The individual clearly intends to continue with their studies - so it really becomes a gray area best left for USCIS to address.

Edited April 11, 2013 by Kathryn41
to correct misspelling