future F1 Visa holder marrying US citizen

[benFrenchy 0]

Hi,

I'm a 21 years old French student. I already have an associate degree and will be finishing my bachelor in the USA next fall under a F1 visa most likely.

I met my girlfriend a year ago and we've been able to see each other quite a lot between here traveling here and me there.

I was an exchange student 6 years ago in an American high school in Minnesota and I keep coming whenever I can to visit my host family for a couple weeks at a time.

My gf and I are planning ahead but I'd like to know what I'm getting into as far as getting fiancée or married while I'd be there studying.

We are really serious and are a great match.

Ideally I'd like to study in the US for my bachelor and marry her after college is over and then start a family and all to do things right.

I've read that there might be a two year wait where I'd have to go back home ...

Can you enlighten me a little bit on that ?

Thank you everybody for your time and advice !

[JohnR! 5,495]

Here's my suggestion: Put marriage on the backburner for a while. Get on with your studies and once you're actually ready to get married, explore your options. Wait until you're together so you can discuss the future and make these decisions in person. I'm not saying forget the whole thing. Just don't overthink it at the moment.

I'm not a fan of Wikipedia but this is a good read:

http://en.wikipedia.org/wiki/Dual_intent

Good luck!

[kzielu 1,149]

Hi,

I'm a 21 years old French student. I already have an associate degree and will be finishing my bachelor in the USA next fall under a F1 visa most likely.

I met my girlfriend a year ago and we've been able to see each other quite a lot between here traveling here and me there.

I was an exchange student 6 years ago in an American high school in Minnesota and I keep coming whenever I can to visit my host family for a couple weeks at a time.

My gf and I are planning ahead but I'd like to know what I'm getting into as far as getting fiancée or married while I'd be there studying.

We are really serious and are a great match.

Ideally I'd like to study in the US for my bachelor and marry her after college is over and then start a family and all to do things right.

I've read that there might be a two year wait where I'd have to go back home ...

Can you enlighten me a little bit on that ?

Thank you everybody for your time and advice !

It's probably 2 year residency requirement you're talking about - most likely it does not apply to France so it's will not be an issue.

Once you're ready to marry, come back and explore the options - check the guides at the top of the page. If you plan to marry after graduation you most likely will be able to adjust the status and not leave US - just remember there will be financial sponsorship requirements on your wife.

[benFrenchy 0]

Thank you both for your replies,

I understand and agree the fact to wait and see.

I just want to understand the process after my F1 visa would end. I'm in no hurry to get married or even get the citizenship. I'd live here in France for all I care.

My girlfriend wants to stay there and I'm the adventurous one who speaks fluent english already and therefore it'd make more sense from me to stay there after college.

So most likely an adjustement of status woud work? Would I be able to stay in the US after or would I have to come back to France? Also do you have to get married or a fiancé is enough to stay in the US?

As far as finance, that shouldn't be a problem, I've got a side business here that keeps me going and my future engineer job should return decent money.

Thank you so much for your valuable information.

[kzielu 1,149]

You will have get married. Having a fiancee doesn't really do anything other than you can get a one entry visa for the sole purpose or marrying in 90 days. Your income will most likely not matter, it will be petitioner's income (your wife) that will.

[benFrenchy 0]

Thank you for your input,

Just wondering one thing though, how can you justify a good income right away after college? I mean within several months it wouldn't be a problem but right after graduating that could be a little tricky.

I've been spending a lot of time on that forum and I'd like to thank everybody for their advices.

Being bilingual and engineer smart I still struggle to understand everything on the immigration websites ...

Thank you !

[kzielu 1,149]

Thank you for your input,

Just wondering one thing though, how can you justify a good income right away after college? I mean within several months it wouldn't be a problem but right after graduating that could be a little tricky.

That's applicants problem really and exactly the reason I mentioned it. If petitioner don't have sufficient income the can always find a co-sponsor.

Bottom line though - you have plenty of time till you actually will be doing it so can spend it reading all the resources available here on VJ.

[benFrenchy 0]

Quoting wikipedia which may not be reliable but it's still interesting :

"Most other foreign visitors and workers, like those on H-2B worker, H-3 trainee/worker, B-1 business, B-2 tourist, VWP visitor, F-1 student, J-1 exchange visitor, M-1 student, journalism, and entertainer visas should not have immigrant intent, as discussed above. Such visa holders can be denied admission if the consular or port official reasonably believes that they have interest in permanently remaining in the United States (i.e., in pursuing a green card)"

That does get me worried though ....

[Mena28 35]

Well, you shouldnt have immigrant intent when entering on a F-1 - i.e. dont be already engaged, make plans to return to your country after the F-1 ends.

Seeing as you have a girlfriend and already posted on this website it is a tricky one. If it was me, I´d plan on returning after the F-1, make sure there are plans and ties to your country (you say you have a company, so use that as ties maybe?) and then, once you are back in France and the relationship is still a stable one, take it from there.

Takes longer than using the "loophole" of AOS after F-1, but is 100% legal and safes you the headaches ;-)

Personally, I was going to go on an F-1, then get married and do AOS once there - then I did my research and realized that is not quite what they want you to do lol - now we are almost 4 months into the wait for NOA2 for the K-1. I am in my country, he is in the US.

If the intent changes a while after entering the country thats one thing, but already intending to do AOS from F-1 before even having the F-1 in hand would most likely be considered visa fraud, as far as my understanding goes, and is not worth the hassle.

[benFrenchy 0]

Mena 28,

That's totally what I'm thinking. It's a tricky one. But again I do want to finish my studies there, it's not like I'm going there to get married.

Going home after a F1, getting married and doing all the paperwork would take a while though right until you could finally move there for good ? Any rough idea?

Thank you, I understand this is early to think of but I'd rather plan for nothing than not plan and be in a huge mess a couple years down the road.

Edited February 7, 2015 by benFrenchy

[Mena28 35]

Mena 28,

That's totally what I'm thinking. It's a tricky one. But again I do want to finish my studies there, it's not like I'm going there to get married.

Going home after a F1, getting married and doing all the paperwork would take a while though right until you could finally move there for good ? Any rough idea?

Thank you, I understand this is early to think of but I'd rather plan for nothing than not plan and be in a huge mess a couple years down the road.

Then I´d say concentrate on the "finishing" your studies there" aspect for now and dont even go down the getting married route for now. Take it as it comes and decide closer to when you are done with school. See how your relationship does. Immigration stuff seems to change all the freaking time. Make sure to have plenty of ties to France, as the F-1 visa seems to be the most important thing right now? Without it you wont be going to school ;-)

Times keep changing - depending on the Service Center you get sent to it can take from half a year to 1,5 years. But they keep changing the rules on us, so we cant even make predictions for right now, much less for years from now :-)

Good luck!

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

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