Should I or should I not?

[Kav_Pid 0]

Hey everyone,

I am a student from India, on F1 visa, and will be graduating in May 2017. I have already applied for my OPT, and gave a start date of May 22, 2017, so I should have it valid until May 22, 2018. My masters is in Public Health, and it is not STEM, so I am not eligible for extension.

Now, I have been dating an American for about 9 months now, and he has just recently asked me to marry him, and so we are now planning the wedding, and trying to see if we can have 2 ceremonies, one in the US and one in India. We planned on going to India in November 2017, do the ceremony there, come back and get the marriage certificate in the US, and the have another ceremony in the US in January, and then do the paperwork for Green card sometime in February, 2018. I just came across some information saying it is considered fraud to come back on F1, and then marry, as it shows an intent to immigrate. Is it safe to do this? Or would it be better to wait until we do the paperwork, apply for AP and then travel after getting it? Any suggestions will be helpful. Also, it'll be great if you can provide me with the source for information.

Thanks a lot.

 

[geowrian 22,338]

You are permitted to enter the US and marry. You are not permitted to enter the US with the intention to stay and file AOS. That is fraud. If you are in the US already and intend to immigrate, you can marry and file for AOS now. Once you leave the US and try to enter again, it would be fraud to marry and file for AOS.

 

My suggestion is to marry civilly in the US, file for AOS + EAD + AP. Once AP is approved (roughly 3 months), you can leave the US to have a formal ceremony abroad.

 

Another option is to marry (anywhere), then apply for a CR-1 visa to immigrate to the US. However, this likely will not work with your stated timeframe as there is a 10-12+ month processing time for a CR-1. You can enter the US again while this goes on, but proving sufficient ties to leave the US while married to a USC is a tough bar, especially from somebody immigrating from the India embassy. It's certainly possible, but there is a real chance of being turned away at POE on any non-immigrant visa when married to a USC.

 

Best wishes.