Difficult situation - F1 married to US citizen

[Katherine93 30]

Hi everyone,

I'm currently in F1 status and my visa has expired since the last time I went back to my home country. I would need to re-apply for the F1 visa, instead of renewing it, because I transferred to another university and got a new I20. The situation is, I recently got married to my boyfriend now-husband who is a US citizen. We do not intend to file for AOS until next year most likely summer for some other reasons. I really do wanna go back to my home country to visit my family sometime this year, but since my F1 visa has expired and I'd have to apply for a new one, with me being married to a US citizen, I'm not sure how big of a chance I have of getting the F1 visa approved. Has anyone been in this kind of situation before? I just don't wanna wait till next year when I get advanced parole.

[arken 4,197]

it's very unlikely you will be granted F1 visa after u've been married with a US citizen. The best bet is apply i130 and AOS now, you will have green card by next summer to travel back home.

[aaron2020 11,651]

Hi,

An F-1 requires you to prove you have a home to return to after your course of studies is complete. You will not be able to prove that with the intent to immigrate. Zero chances of another F-1.

Best of luck

[Unidentified 2,930]

With and F1 you would have to prove that you will return to your home country. If you go back to your home country you'd have to file for the spouse visa. You might want to consider doing the AOS now anyway and go back to your home country once you have the green card.

[Katherine93 30]

Thanks guys. I guess I will have to wait till we file for AOS to travel back home

[usedforspam22 23]

Your chances are not 0%. My husband was here on OPT and we got married in May. He flew home to France, listed married on his DS-160 to a US citizen. Went to the embassy in Paris to get his J-1 professor Visa (teaching at a major US research University). He had no problems getting the Visa, wasn't even asked about the marriage. No problems entering the US either at POE in Boston.

HOWEVER, if you're in the US, just do the AOS and don't even bother going home. It's not worth the risk.

[Katherine93 30]

Your chances are not 0%. My husband was here on OPT and we got married in May. He flew home to France, listed married on his DS-160 to a US citizen. Went to the embassy in Paris to get his J-1 professor Visa (teaching at a major US research University). He had no problems getting the Visa, wasn't even asked about the marriage. No problems entering the US either at POE in Boston.

HOWEVER, if you're in the US, just do the AOS and don't even bother going home. It's not worth the risk.

Thanks!

[ami29 0]

Hi

Hope that I didn't misunderstand what you are asking.

I would suggest to talk first with your international office at your university. I don't think is a problem to go back home and renew your visa(as far as you have a available I-20).

I got married with an american citizen on December and I went back home(with an expire visa) on Jun and got my new visa same way as I do every time that I have to go there......

hope this help. I would strongly recommend to talk first with international office!

[Katherine93 30]

Hi

Hope that I didn't misunderstand what you are asking.

I would suggest to talk first with your international office at your university. I don't think is a problem to go back home and renew your visa(as far as you have a available I-20).

I got married with an american citizen on December and I went back home(with an expire visa) on Jun and got my new visa same way as I do every time that I have to go there......

hope this help. I would strongly recommend to talk first with international office!

Thanks for the reply! So when you applied for the new F1 visa did you mention that you are married to a US citizen on your DS 160?

[ami29 0]

Thanks for the reply! So when you applied for the new F1 visa did you mention that you are married to a US citizen on your DS 160?

Yes of course I mentioned it, but I didn't change my last name. Im not sure how this will effect anything

[Katherine93 30]

Yes of course I mentioned it, but I didn't change my last name. Im not sure how this will effect anything

I didn't change my last time either Did they ask you anything about your US spouse during the visa interview? When I applied for my first F1 visa I didn't even have an interview...but I'm not sure about this time.

[ami29 0]

I didn't have an interview either. It is not a problem the fact that you married and american citizen as is the fact that how long your study is taking, if you have a I-20 that is not expiring this year let say, you will be cool. As an international student you will know that you should stop by international student office first.

[Katherine93 30]

I didn't have an interview either. It is not a problem the fact that you married and american citizen as is the fact that how long your study is taking, if you have a I-20 that is not expiring this year let say, you will be cool. As an international student you will know that you should stop by international student office first.

Okay thanks! I will definitely confirm with my ISO. My I-20 is not expiring until 2017 so I should be good on that. Thanks so much for the information, it makes me so happy that I can travel back home

[ami29 0]

yes, of course. I did the same but in Jun and got married in December

best of luck

[fullglass12 0]

it's very unlikely you will be granted F1 visa after u've been married with a US citizen. The best bet is apply i130 and AOS now, you will have green card by next summer to travel back home.

it's interesting how you can predict if/when another person will get their GC by.

Hi

Hope that I didn't misunderstand what you are asking.

I would suggest to talk first with your international office at your university. I don't think is a problem to go back home and renew your visa(as far as you have a available I-20).

I got married with an american citizen on December and I went back home(with an expire visa) on Jun and got my new visa same way as I do every time that I have to go there......

hope this help. I would strongly recommend to talk first with international office!

a DSO at an international office does NOT work for uscis/dhs, meaning you shouldn't seek advice about your status from them.

Okay thanks! I will definitely confirm with my ISO. My I-20 is not expiring until 2017 so I should be good on that. Thanks so much for the information, it makes me so happy that I can travel back home

if you are out of status, your i20 is void, as most likely, depending on how long you have been OOS, the DSO would have terminated your SEVIS. OP, as others have stated, your best bet is to apply for AOS and apply for AP also.

Edited August 2, 2015 by fullglass12