Married a USC but my SEVIS will be terminated

[Unidentified 2,930]

I'll address it with USCIS if they have any questions, but I'd rather you didn't jump to conclusions and accusations just because your journey happened to be different from mine.

And I still disagree that I'm not allowed to get married on a visa other than a fiancée visa. If you plan on going to the states for the purpose of getting married, then yes fiancé visa is needed. My situation and case was different. Was I supposed to leave the country after we decided to get married, abandon my studies and wait for many months to get married? That doesn't really make sense. Many people get married on a student visa and successfully adjust status after that.

And all of this is hijacking OP's post and doesn't relate to them, so I'm not going to reply after this.

Keyword is intent. If you say it wasn't your intent, than your fine.

[Transborderwife 4,666]

Keyword is intent. If you say it wasn't your intent, than your fine.

Intent alone is not enough to deny an aos.

[Unidentified 2,930]

Intent alone is not enough to deny an aos.

Not talking about denying aos.

[Harpa Timsah 13,258]

This thread is full of misinformation. Please stop making things up out of thin air and scaring the OP. No one needs a special visa to get married.

Edited June 11, 2016 by Harpa Timsah

[Transborderwife 4,666]

This thread is full of misinformation. Please stop making things up out of thin air and scaring the OP. No one needs a special visa to get married.

Exactly

[umikoikaze 12]

And I still disagree that I'm not allowed to get married on a visa other than a fiancée visa. If you plan on going to the states for the purpose of getting married, then yes fiancé visa is needed.

Can't edit the post so just clarifying what I meant: you need fiancée visa if your purpose is to go to USA, get married and immigrate. If your intent is just to go and get married without plans for immigration, I think you can do it on a tourist visa as well. Getting married to USC doesn't always mean immigration intent.

Please correct me if I'm wrong.

[Harpa Timsah 13,258]

Can't edit the post so just clarifying what I meant: you need fiancée visa if your purpose is to go to USA, get married and immigrate. If your intent is just to go and get married without plans for immigration, I think you can do it on a tourist visa as well. Getting married to USC doesn't always mean immigration intent.

Please correct me if I'm wrong.

You are 100% right.

[yatsek 32]

Let's clear something up: no one said you need a visa to get married, Umikoikaze. Anyone can come to the US on a tourist visa, for example, get married and then leave. But you came here, got married after 2 weeks and then let your student visa lapse. It is fraud to apply for a non-immigrant visa with the intention to immigrate. That's how USCIS may see it, so you better prepare some good answers for your interview.

[umikoikaze 12]

Let's clear something up: no one said you need a visa to get married, Umikoikaze. Anyone can come to the US on a tourist visa, for example, get married and then leave. But you came here, got married after 2 weeks and then let your student visa lapse. It is fraud to apply for a non-immigrant visa with the intention to immigrate. That's how USCIS may see it, so you better prepare some good answers for your interview.

Please refrain from commenting unless you read my story. There were 14 months passed between me obtaining the visa and my last entry into USA. Yes it is fraud to apply for non-immigrant visa with intention to immigrate, but I didn't have definite intention to immigrate at that time, I did mention to CO that I might want to stay in the states after completing my studies depending on where I get job offer. I was 100% honest about everything and they have all of that in record and can access it if needed. I didn't know my husband at the time I was applying for my visa and met him at school. Also if you read my story, you'd know that there was 4 months before my visa lapsed due to school making a mistake and not giving me leave of absence to which I was entitled by law in my situation. And yeah I put my health and my baby's health above my visa at that time as it was a life or death situation. I'm sure USCIS will understand that my life could be more important to me than my visa status, especially since my DSO should have approved my leave in absence and used scare tactics to get me to leave the country and not following the law. I also completed 3 semesters of school prior to that and was enrolled in my 4th one. But my overstay should be forgiven as I'm married to a US citizen. CBP officer at the border never asked me whether I had a boyfriend in US or anything similar to that. Had he asked me I would've replied truthfully and was fully aware that they have a right to turn me back and not let me in. And again I didn't violate my F1 status by getting married, I maintained my status for 3-4 months after that (I'm not entirely sure what date was put on my SEViS record). I'm sure USCIS can access the records from my visa interview and the border crossing and can see that my answers add up and I never lied or misrepresented anything.

Again I didn't ask for you to evaluate my story or give me your opinion. Really don't appreciate being accused of fraud when you know nothing about me/my situation and it has nothing to do with OP's original question. I'm fully aware of my situation and some difficulties I might have, but your accusations aren't going to change the fact that I got married when I did.

[zkt101 38]

My SEVIS record will be terminated due to the violation of the F-1 rules and regulation. The reason I got that problem because I 'm taking 2 online courses, which are more than I am supposed to be allowed to take (at least 9 units of in person course and 3 units for online course only). However, I just got married with a USC, and we are still doing on some paper works ( havent file paper works yet) for me get the green card. Im so confused and frustrated that I dont know what to do next. Will I be sent back home during the violation or else that might happen to me?

Please help me

Thank you so much

No worry, as long as you file for AOS, you will be in status, and not subject to deportation. Since you are confused and frustrated, I suggest you get help from an immigration lawyer.

[anhkhieu 0]

Hey,

I really thank you for y'all responses. But may I ask one more question that should or shouldn't I do reinstatement for my I-20?

Someone said that I need my record and I-20 for the interview.

Would have any problems if I wouldn't do the reinstatement and just file the papers?

Thank you

[umikoikaze 12]

Hey,

I really thank you for y'all responses. But may I ask one more question that should or shouldn't I do reinstatement for my I-20?

Someone said that I need my record and I-20 for the interview.

Would have any problems if I wouldn't do the reinstatement and just file the papers?

Thank you

If you want to continue going to school before you receive your green card, you could try resubmitting for I-20, but in my opinion, you're most likely gonna get denied since you have immigrant intent now and F-1 is a non-immigrant visa. As far as I know, you don't need to be in status if you're married to a US citizen, so you should just apply for adjustment of status.

[anhkhieu 0]

Oh gosh, what a relief. I've been frustrated the whole reinstatement thing, and you just saved me. Ive been stuck for months.

Thank you a lot for sharing so much information

[EM_Vandaveer 2,408]

Everybody who is bashing umikoikaze,

Guys,

It would be fraud if someone obtained a student visa, entered the US, NEVER actually went to school, but married a USC and applied for a GC, obviously her case is different, she did, in fact go to school. There is no fraud there whatsoever.

Edited June 23, 2016 by EM_Vandaveer

[anhkhieu 0]

So in my situation, do I need to bring my record and i-20 to the interview in the future???

Thanks,