F-1 & Dual Intent -- wedding outside US

[dddrrr 0]

Hello,

Very new to these forums but already they have been incredibly informative - thanks to all who offer advice.

I hope you can offer some more. Here's my question:

I am PhD student from Canada, in the US on an F-1 visa. My fiancée, who is a US citizen, and I recently got engaged.

We hoped to get married in Canada (a location that made more sense for our families to get to) this September, then return to the US and file for Adjustment of Status on my F-1.

However, after looking into it we now realize that attempting to re-enter on an F-1 after getting married in Canada will cause problems, as the marriage will be proof of dual intent.

Even if I am admitted entry, will being married in Canada and then re-entering on an F-1 cause my Adjustment of Status to be denied?

Another question: if we had a 'commitment ceremony' or some other kind of non-legally binding ceremony in Canada and then returned to the US to be married officially here, will this cause the same problem as above?

In other words, what exactly is grounds for suspecting I have 'dual intent?' How is that determined? Does just being engaged serve as evidence of dual intent?

It appears the safest option is to be married in a civil ceremony here, then file for Adjustment of Status as well as Advanced Parole, and postpone the plans for a bigger commitment ceremony with our families in Canada until a later date. In that case, should we wait until I have the Green Card in hand or is it safe to only have the Advanced Parole before we go to Canada for the ceremony? We would prefer to be married sooner but don't want any complications either.

Many thanks if any advice can be offered!!

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status would constitute immigration fraud.

Your best option is to marry now and file for AoS (you'd then be able to return to Canada for some kind of ceremony on your AP, which would take around 90 days to be approved).

You could go to your courthouse/local authority and get married in a low-cost civil ceremony for almost nothing, and could then file for AoS once you had the certified copy of your marriage certificate. You could then have a bigger ceremony down the line for friends and family, if you so wished.

Edited May 18, 2016 by Hypnos

[Elf 146]

Thread is moved from Student & Exchange Visitor Visas to What Visa Do I Need

OP is exploring possible options when marrying a USC while in F-1 status

I agree with Hypnos - your simplest option is to have a civil ceremony here, apply for AOS and accompanying EAD/AP, then travel to Canada for a bigger ceremony with family and friends when your AP is granted.

[dddrrr 0]

That's what I thought.

Thanks Hypnos and Elf for your help! So glad this site exists.