Traveling on F-1 OPT after marriage

[Sixwords 0]

Hi!

 

I'm a Canadian currently working in the US on a F-1 OPT STEM extension visa that won't expire for another 2 years. My fiance and I are both looking for new work, but we're not quite sure which side of the border we're going to end up on as both have benefits to us. Therefore, I'm not sure I want to get a greencard yet, but I don't want to close that door either. 

HOWEVER, we were planning on getting married in June regardless (because we, you know, want to get married). However, I've been told that this can lead to trouble at the borders as it can be seen as an attempt to immigrate. I'm honestly not sure what our situation is going to be come June (the joys of job hunting), but as we're hoping to get married in Canada, I don't want to reach the border while heading back to the US afterwards and get told I can't enter because I might be futzing my F-1 visa in some way. It doesn't help that border agent already get fussy with my somewhat strange visa...

 

My University's visa office has just shrugged and told me to ask a lawyer, but I was wondering if anyone here had any ideas first.

 

TL;DR: Will border agents have a problem with letting me back into the US if I've got a student work visa but am married to an American?

 

Thanks very much for your help!

 

[DrEllaNJ 288]

yes, you may run into problems, as F-1 is a non-immigrant visa, and when you're married to an American it becomes a lot harder to prove non-immigrant intent. So my advice is to not get married until you figure out where you want to end up.

[sebastianshaw 97]

F-1 visa is a non-immigrant visa which basically assumes that you would go back to your country once your education is completed (including OPT/OPT Extension) 

 

Once you marry a USC, it could be taken as indication of your immigrant intent, and depending upon the Immigration Officer your entry might be denied. So to be on the safe side, if you are sure that you want to marry the USC, you should file for Adjustment of Status as soon as possible. Some people do a court marriage and delay the reception party, etc. Some people just prepone the whole marriage plans. 

 

Also know that once you file of AOS, there would be a 90 day limbo period where you wont be able to leave the country( till the point you get Advance parole (AP) which generally takes 90 days. 

 

So according to me you have 2 options

a) Get married asap and file AOS

b) dont get married till the point you guys have figured out which country you want to settle in, because it will only bring your immigration status into murky waters