Marriage with F1 and status

[cycswan 2]

If a US citizen gets married to a non US citizen within a 3 week period who(m) is here on a f1 (i believe?) visa - in a program called ef, which does language classes - what is the status of this person? If their class ends within a 3 week period, what happens if they are now married: do they have to go back to home country, or are they allowed to stay under some condition? 

 

Also, if said US citizen is below the poverty income level, in regards to one condition of the affidavit of support, can another person take financial responsibility for the non US citizen in question above?

 

Any advice would be appreciated

[geowrian 22,338]

* Moved from Student & Exchange Visitor Visas to AOS from Work, Student, and Tourist Visas *

 

There is no change in status due to marriage.

Marriage allows the USC to petition their spouse for permanent residency. Since they are in the US currently, they can concurrently file an I-130 + I-485. This grants authorized stay while the case is pending.

http://www.visajourney.com/content/i130guide2

 

The USC must be the primary sponsor for the I-864, but a joint sponsor can be utilized if the USC's income/assets are insufficient.

 

The non-USC beneficiary must remain in the US until they either obtain AP (via an I-131) or the green card, or else their I-485 will be deemed abandoned. If this is not acceptable, then just the I-130 can be field now and they can leave the US and interview for an immigrant visa abroad.

Edited September 17, 2018 by geowrian

[TM92 527]

41 minutes ago, cycswan said:

Also, if said US citizen is below the poverty income level, in regards to one condition of the affidavit of support, can another person take financial responsibility for the non US citizen in question above?

Here are the 2018 HHS Poverty Guidelines: https://www.uscis.gov/i-864p

[Villanelle 4,122]

53 minutes ago, cycswan said:

If a US citizen gets married to a non US citizen within a 3 week period who(m) is here on a f1 (i believe?) visa - in a program called ef, which does language classes - what is the status of this person? If their class ends within a 3 week period, what happens if they are now married: do they have to go back to home country, or are they allowed to stay under some condition? 

 

Also, if said US citizen is below the poverty income level, in regards to one condition of the affidavit of support, can another person take financial responsibility for the non US citizen in question above?

 

Any advice would be appreciated

Geowrain gave you the correct information. However if a US citizen is about to marry someone they met 3 weeks ago that is here on a F1 visa they better be 100% sure it is true love and is not a scam. The scam can be an immigrant scamming the USC, or both the USC and the immigrant scamming the government and both getting in trouble.. 

[Lemonslice 4,942]

If the student plans to come to marry and adjust status, that's a misuse of the visa - careful there.

[TM92 527]

20 minutes ago, Lemonslice said:

If the student plans to come to marry and adjust status, that's a misuse of the visa - careful there.

Good catch; the original post is unclear if the non-citizen is even in the US. Lying or omitting material facts to CBP at POE is illegal (i.e. willful misrepresentation); thus a lifetime ban. That can be prior intent to AOS or prior intent to overstay.

Edited September 17, 2018 by TM92

[geowrian 22,338]

I kinda assumed a student right now would be in the US since school has started and the timeframe of when they met/school started matches up with the current semester. But true, it was not clearly stated.

[cycswan 2]

Thanks for the insightful replies. This is a sort of unrealted question, but I can’t find any information on it online, so if any of you know the answer to this question, I’d appreciate it.

 

question: Can a non US citizen who is overstaying on visa and is actively trying to get permanent status, live in an apartment with someone who has section 8 housing? Basically, does a non US citizen need a green card to live with someone who uses housing for their apartment?

Edited September 17, 2018 by cycswan

[TM92 527]

On 9/17/2018 at 1:24 PM, cycswan said:

Can a non US citizen who is overstaying on visa and is actively trying to get permanent status, live in an apartment with someone who has section 8 housing? Basically, does a non US citizen need a green card to live with someone who uses housing for their apartment?

Here is some unofficial info: https://eligibility.com/section-8

You should ask your Public Housing Agency.

For future reference, this other page mentions that section 8 is not a federal means-tested public benefit.