F-1 Student marrying USC

[stan K 0]

hey guys,

I was just wondering if u might know about the intent.

I just entered US last september on F1 student visa and now planning to marry my gf. i have known her

before i even entered and we were dating for a year. i was a student at the time and still a student now.

We got engaged just last week and now planning to marry on dec 15.

do you think that USCIS might consider it that I intended to marry and entered the country ??

-stan

[Kez/JWolf 6]

They might and they might not..... it is not up to the USCIS to prove if you had intent to use a F1 visa to curcumvent the immigration laws... it is up to you to prove you did not.....

only you know what your real intentions were when you filed for a F1 visa....

There is nothing wrong in coming here to study and while you are here you decied to get married and then adjust your status.... it would be if you had already decieded to get married before you came on the F1 and were using the F1 to be a quicker route to get here and stay....

[meauxna 15]

do you think that USCIS might consider it that I intended to marry and entered the country ??

Maybe.

What did you tell the Dept of State before you got here?

You can always have an attorney review your copy of your student visa application to see if you've got any obvious issues.

[stan K 0]

well i looked over in the applicaiton on the F-1 visa and it doesnt say anywhere about Intention to immigrate to USA.

it asks Do u plan to study in USA ?? i chose YES

it says Do u plan to work in USA ?? i chose NO

there wasnt anything else related to immigration in the form i filled out

-s

do you think that USCIS might consider it that I intended to marry and entered the country ??

Maybe.

What did you tell the Dept of State before you got here?

You can always have an attorney review your copy of your student visa application to see if you've got any obvious issues.

[meauxna 15]

My mistake then. I thought there is a question about boy/girl friends inthe US, or fiances. Often the Consular Officer will ask directly as well.

[MPGGPM 0]

hey guys,

I was just wondering if u might know about the intent.

I just entered US last september on F1 student visa and now planning to marry my gf. i have known her

before i even entered and we were dating for a year. i was a student at the time and still a student now.

We got engaged just last week and now planning to marry on dec 15.

do you think that USCIS might consider it that I intended to marry and entered the country ??

-stan

In the guides here that are posted on this website, there is a small section that talks about this issue. You can take it for what it's worth , but it does address your concern. And if you read carefully what it says, it does say that the actual "marrying" part is NOT the issue. It is the actual applying for adjustment of status if it is soon after you enter on a non-immigrant visa.

If that information is accurate, then my guess is that you will be fine. You are only attempting to get married....and not actually adjusting your status at this point.

The part that refers to your situation is copied and highlighted below.

While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status.

Edited November 18, 2006 by MPGGPM

[ardilla 0]

Hi StanK,

We were (are) also in the F-1 ->AOS situation. We consulted with an immigration attorney who has quite a bit of experience advising F-1 students. He said that USCIS will look at entry to the US followed by marriage within 3-6 months very carefully. He asked us when we decided to get married. It was a long time (about a year) after my hubby had last entered the US on his F-1 visa (he had initially entered in 2002 and then left for vacations in 2004, 2005, 3 times total).

The key is:

when did you enter last and how much time elapsed between that date and your marriage and application for adjustment. If less than 6 months, caution is needed.

what did you say to the immigration officer at POE if s/he asked about this issue (if at all) and whether or not you had the intention to marry _and_ to stay in the US when you _last_ entered the US.

In your case, you could be safest either a) postponing your marriage a little bit (say 3-6 months) OR

B) postponing applying for AOS.

Your F-1 is valid for as long as your duration of student status. You would only need to apply after the student status is coming to an end.

My hubby applied after finishing school and at the tail end of his practical training period, since he didn't really need to apply before then.