we may be in trouble. how bad do you think it is?

[brightside 0]

There are people who got married, but do not apply for AOS since they still have valid visa like F1, H1. She can reenter the U.S with her F1-visa or OPT as long as she goes to school or work in the us. If she used F1 or OPT to reenter the U.S while applying AOS, then it is a problem.

Also, at my company, there are some people keep renewing their H1 visa after married to USC a few years ago to save money. Since compeny pays for renewal fee and lawyer fee, so they just keep their H1 and a few of them going for AOS through our company not marriage. If they have to apply AOS based on marriage, our company does not pay. So, marrying to USC does not revoke their valid visa.

as a side note, H-1 is a dual intent visa whereas F-1 is not!

But, I agree that marrying USC doesn't mean by default that one is intending to immigrate..

[American in Sweden 0]

My husband and I had this problem back in 1998.

He was in the US on a student visa when we went to Sweden to get married. He was still a student when we returned but we didn't think anything of it.

Long story short. It was a big deal-- however, nothing that a form and about $100 couldn't fix. We found out at the interview that when we got married, he could no longer enter on a student visa and should have stayed in Sweden until approved. The officer was firm but realized that we didn't make the mistake on purpose- he just gave us the form and told us to come back with a cashier's check.