On F1, getting married + international travel

[ptao 0]

My fiancée is a Spanish citizen and is currently here on an F1 visa. We'd like to get married very soon (within the next couple of weeks), but also have an international trip planned for the end of the year.

From what I've read, as soon as we file an AOS, the F1 is no longer valid. Therefore, would it be possible to get married but keep the F1 for the duration of our trip, and then file the AOS after we get back? Or should we just postpone the marriage until after we get back?

[Rmmm12345 15]

You won't get your AED & AP card until around 90 days after filing your AOS - giving that you have no mistakes or hold ups such as RFE's along the way. So no, it's not a good idea if you have an international trip booked at the end of the year because, I highly doubt that you'll get your card in time.

[DrEllaNJ 288]

The best option would be to delay your trip. Second-best to delay marriage, but even that is tricky.

F-1 visas are for studying in the US, non-immigrant intent. Your fiancee obviously now has immigrant intent, since engaged to a USC (let alone if you marry before the trip). Immigration officers may not allow him/her back on their F-1 visa since they'll be engaged or married to a USC.

If their F-1 visa is still valid, the question may not come up at border inspection, but if it does, you have to answer truthfully.

[KierenHby 899]

Would he still be a student at the end of the year?

[embay16 12]

I am going to second DrEllaNJ. Best bet is to either delay your trip...or delay your marriage.

Our lawyer told us (many times) that it is not possible to travel on an valid F1 visa after marriage to USC with plans of adjusting status, whether or not you have actually filed the AOS documents or not. That is visa fraud as you would be entering on a non-immigrant visa with intent to immigrate and likely would be denied entry at POE.

Also, the F1 visa is still valid during the AOS process, as long as you maintain your student status. You just have the AOS on top of it. It's usually suggested to make sure you maintain it, in the rare case that your AOS is denied or whatever, so that you can still finish out your studies.