f1 visa and marriage or engagement, can i still use f1 visa?

[Sammy_2496 116]

5 hours ago, Kanjtai said:

only because people say k1 takes less time, is this wrong?

K1 and CR1 visas take about the same amount of time. CR1 is by far the superior option these days, way more benenfits and alot less money.... especially with the filing prices going up soon.

[Crazy Cat 41,985]

47 minutes ago, Kanjtai said:

how do they know my intention.

Your intent is evaluated every time you attempt to enter the US.  If CBP thinks you intend to stay and adjust status, they will deny entry and sometimes issue a ban.  

[Kanjtai 3]

1 hour ago, Crazy Cat said:

Your intent is evaluated every time you attempt to enter the US.  If CBP thinks you intend to stay and adjust status, they will deny entry and sometimes issue a ban.  

thank you,  no need to apologize. do you think it is risky to try to enter with F1 if there is a chance the officer will assume wrong about me? I still don't understand what makes them "think" my intent is to stay which is technically true.. my intent is to stay and adjust status because i will file k1. hope you understand my confusion. i just don't want to do something stupid and get a ban.

[Family 4,065]

6 minutes ago, Kanjtai said:

my intent is to stay which is technically true.. my intent is to stay and adjust status

That is the definition of Immigrant Intent .

[Crazy Cat 41,985]

1 hour ago, Kanjtai said:

thank you,  no need to apologize. do you think it is risky to try to enter with F1 if there is a chance the officer will assume wrong about me? I still don't understand what makes them "think" my intent is to stay which is technically true.. my intent is to stay and adjust status because i will file k1. hope you understand my confusion. i just don't want to do something stupid and get a ban.

Here are a couple of legal plans:

1.  Enter the US via the F-1 and attend school.

2.  Immediately marry after entering the US.

3.  Immediately Start the CR-1 visa process.

4.  Leave the US at the end of school and wait out the rest of the visa process if not completed.

 

or

 

1.  Enter the US via the F-1 and attend school.

2.  Start the K-1 process.

3.   Leave the US at the end of school and wait out the rest of the visa process if not completed.

 

As we have said, you cannot legally enter the US via the F-1 with the intent to stay and adjust status. 

 

 

 

Edited April 18, 2023 by Crazy Cat

[Kanjtai 3]

6 hours ago, Crazy Cat said:

Here are a couple of legal plans:

1.  Enter the US via the F-1 and attend school.

2.  Immediately marry after entering the US.

3.  Immediately Start the CR-1 visa process.

4.  Leave the US at the end of school and wait out the rest of the visa process if not completed.

 

or

 

1.  Enter the US via the F-1 and attend school.

2.  Start the K-1 process.

3.   Leave the US at the end of school and wait out the rest of the visa process if not completed.

 

As we have said, you cannot legally enter the US via the F-1 with the intent to stay and adjust status. 

 

 

 

 

6 hours ago, Family said:

That is the definition of Immigrant Intent .

okay so i can enter the us with f1 but i have to start cr1 process OUTSIDE of the US and complete it OUTSIDE of the usa. but i can enter and leave with my student visa, right?

I just cannot enter with student visa and start green card process INSIDE the us.

Is this correct?

 

I am asking because i know I cannot leave usa during green card process if I apply INSIDE the usa.

Edited April 18, 2023 by Kanjtai

[Crazy Cat 41,985]

6 hours ago, Kanjtai said:

complete it OUTSIDE of the usa

The above is true.  The spousal visa process is completed by an interview and issuance of the visa in your home country. 

You can start the spousal visa process from anywhere in the world.  Your husband starts the process after marriage.

You can enter the US via the F-1 for the purpose it was issued- To attend school.

You don't need a visa to exit the US. 

You can enter and exit the US during the spousal visa process if you have a valid visa, and at the discretion of CPB.  You must enter for the purpose the visa was issued.

Edited April 18, 2023 by Crazy Cat

[Mike E 11,741]

6 hours ago, Kanjtai said:

okay so i can enter the us with f1 but i have to start cr1 process OUTSIDE of the US

That is not what @Crazy Cat said.

 

Do you want to exit and enter the U.S. multiple times while attending school? If so, the wisest course of action is to wait until just before your final departure to:

* marry

* file I-130/I-130A

and then leave to wait out your immigration visa process

 

Or are you good with staying in the U.S. while attending school? If so, the wisest course of action is to:

* marry upon entering the U.S. 

* file I-130/I-130A upon marrying

* live as a married couple while in school (joint lease, joint tax returns, etc) and save this evidence for the visa

and after you are done with school, then leave to wait out your immigration visa process.

 

If before you leave, your case moves to NVC, you can:inform NVC that because you are in school, you will hold off on the process.

 

With either approach,

* your spouse and you should continue to meet.

* you have the highest chance of being able to graduate with the least risk to your academic progress (such as CBP denying entry because your spouse filed I-130). 

The latter approach is better because you can more easily avoid I-751 aka removal of conditions which for most people is now a 4 year process. Some people have a tough time handling those 4 years of uncertainty. So enter the U.S. on or after the 2 year anniversary of your marriage.

 

[carmel34 3,646]

13 hours ago, Kanjtai said:

I still don't understand what makes them "think" my intent is to stay which is technically true.. my intent is to stay and adjust status because i will file k1.

Lots of confusion here.  Stop and re-read all the responses you have received.  Intent is determined when you enter the US by the CBP officer.  If you answer truthfully you should be fine.  I think you are misunderstanding one important issue: you cannot enter the US with a student visa with the intent to stay, get married, and adjust status.  That is fraud and will lead to many problems so don't even think about doing it.  You can enter with a student visa to continue your studies, that is the purpose of the visa so it is fine to do.  A spousal visa is far superior to a K-1, that is why everyone is recommending it.  You get married in your home country, or in the US when here on a student visa.  Your US citizen spouse files for the CR-1 spousal visa after marriage.  The process takes about two years, same as a K-1.  While the visa process moves along, you can study in the US with the F-1 visa.  When the time comes for the visa interview in your home country, you leave and attend the interview, and hopefully will receive a spousal visa and will then enter the US as a legal permanent resident (LPR), and can work in the US immediately, travel outside the US as needed, get a driver's license, etc.  Your US citizen significant other should research the process and be involved in these decisions.  Good luck!

[Kanjtai 3]

On 4/18/2023 at 8:17 AM, carmel34 said:

Lots of confusion here.  Stop and re-read all the responses you have received.  Intent is determined when you enter the US by the CBP officer.  If you answer truthfully you should be fine.  I think you are misunderstanding one important issue: you cannot enter the US with a student visa with the intent to stay, get married, and adjust status.  That is fraud and will lead to many problems so don't even think about doing it.  You can enter with a student visa to continue your studies, that is the purpose of the visa so it is fine to do.  A spousal visa is far superior to a K-1, that is why everyone is recommending it.  You get married in your home country, or in the US when here on a student visa.  Your US citizen spouse files for the CR-1 spousal visa after marriage.  The process takes about two years, same as a K-1.  While the visa process moves along, you can study in the US with the F-1 visa.  When the time comes for the visa interview in your home country, you leave and attend the interview, and hopefully will receive a spousal visa and will then enter the US as a legal permanent resident (LPR), and can work in the US immediately, travel outside the US as needed, get a driver's license, etc.  Your US citizen significant other should research the process and be involved in these decisions.  Good luck!

 

On 4/18/2023 at 8:12 AM, Mike E said:

That is not what @Crazy Cat said.

 

Do you want to exit and enter the U.S. multiple times while attending school? If so, the wisest course of action is to wait until just before your final departure to:

* marry

* file I-130/I-130A

and then leave to wait out your immigration visa process

 

Or are you good with staying in the U.S. while attending school? If so, the wisest course of action is to:

* marry upon entering the U.S. 

* file I-130/I-130A upon marrying

* live as a married couple while in school (joint lease, joint tax returns, etc) and save this evidence for the visa

and after you are done with school, then leave to wait out your immigration visa process.

 

If before you leave, your case moves to NVC, you can:inform NVC that because you are in school, you will hold off on the process.

 

With either approach,

* your spouse and you should continue to meet.

* you have the highest chance of being able to graduate with the least risk to your academic progress (such as CBP denying entry because your spouse filed I-130). 

The latter approach is better because you can more easily avoid I-751 aka removal of conditions which for most people is now a 4 year process. Some people have a tough time handling those 4 years of uncertainty. So enter the U.S. on or after the 2 year anniversary of your marriage.

 

 

On 4/18/2023 at 8:06 AM, Crazy Cat said:

The above is true.  The spousal visa process is completed by an interview and issuance of the visa in your home country. 

You can start the spousal visa process from anywhere in the world.  Your husband starts the process after marriage.

You can enter the US via the F-1 for the purpose it was issued- To attend school.

You don't need a visa to exit the US. 

You can enter and exit the US during the spousal visa process if you have a valid visa, and at the discretion of CPB.  You must enter for the purpose the visa was issued.

Dear crazy cat, Mike and carmel34, THANK YOU for help really. You already helped a lot but please let me explain what I asked and meant in detail ONE LAST TIME I PROMISE. I think you misunderstood my question (or i wasn't clear enough, sorry my fault)

 

3 facts we know:

Fact 1: Entering the US with student visa WITH THE INTENT of adjusting status is fraud. 

Fact 2: I will enter the US with student visa WITH THE INTENT of studying. 

Fact 3: I will marry an US citizen and start green card process WHICH IS INTENT TO IMMIGRATE after entering US with F1 visa.

 

So technically WHEN I ENTER THE USA WITH F1 VISA, I have an intent to adjust status. But at the same time, i am not using f1 visa for it, I'm using f1 visa for school but I will enter the usa with F1 AND CHANGE MY STATUS by marrying. 

 

if an officer asks me: "Are you entering the usa with F1 visa and then adjust your status to immigrate to usa?". I will be honest and answer is YES. So what makes me different than a person who does visa fraud? i know my intention is not fraud but immigration doesn't! won't they put me in the same basket? i'm just trying to learn what i can do so they won't put me in the same basket? 

 

i know we can say, it was their only intention when they got f1 visa but question is: 

How can I prove with material that this is not me? 

The fraud person will say the same thing like me: "I used my F1 to study but I fell in love and changed my mind."

How can I not put myself in a situation so immigration doesn't assume and think that about me and make my case hard, because actions i will take(entering with F1 visa and marrying) is technically same as a fraud person (but i am not fraud, please believe)

 

I hope i was able to explain myself, because i really hope you can clear me on this, i wanted to be clear as I can so it helps you answer. Thank you again, really..

[Crazy Cat 41,985]

9 minutes ago, Kanjtai said:

So technically WHEN I ENTER THE USA WITH F1 VISA, I have an intent to adjust status. But at the same time, i am not using f1 visa for it, I'm using f1 visa for school but I will enter the usa with F1 AND CHANGE MY STATUS by marrying. 

Visa fraud....

You cannot plan to stay and adjust status AFTER ENTERING THE US VIA THE F-1!!!!  

This has been explained several times already.

Edited April 19, 2023 by Crazy Cat

[Crazy Cat 41,985]

An F-1's purpose is to attend school ONLY.  One of the conditions for a F-1 is non-immigrant intent.  Entering the US with intent to stay and adjust status is a violation of the purpose of that visa.  It is fraud.

30 minutes ago, Kanjtai said:

Fact 3: I will marry an US citizen and start green card process WHICH IS INTENT TO IMMIGRATE after entering US with F1 visa.

Fact:  That is visa fraud.  I am unfollowing this thread.  It is a violation of the Terms of Service to engage this subject more, imho.

Edited April 19, 2023 by Crazy Cat

[Kanjtai 3]

7 minutes ago, Crazy Cat said:

An F-1's purpose is to attend school ONLY.  One of the conditions for a F-1 is non-immigrant intent.  Entering the US with intent to stay and adjust status in a violation of the purpose of that visa.  It is fraud.

Fact:  That is visa fraud.

 

12 minutes ago, Crazy Cat said:

Visa fraud....

You cannot plan to stay and adjust status AFTER ENTERING THE US VIA THE F-1!!!!  

This has been explained several times already.

i think we won't understand each other, i don't want to waste your time, you spent enough time on me so thanks but i'm not sure why i cannot explain my problem with the answers.

i feel bad if i'm doing bad job here.

 

i know you're saying "entering us with f1 visa with the intent to adjust status is fraud" and i 100% get that,

you also said(and others suggested):  "enter the us for school, marry and file green card" "Don't have the intention to immigrate" well.... this also sounds fraud because technically:

 

person A (MR FRAUD): Enters the us with f1 and tries to adjust status

person B (NOT FRAUD): Enters the us with f1 and tries to adjust status.

 

When i enter the usa with f1, i will go to my school yes of course, i won't drop it.

 

All i was asking is, how does immigration differentiate between these 2 persons? How does immigration know THE TRUE INTENTION of these 2 persons?

I was trying to learn how i can not put myself in a bad situation. 

Edited April 19, 2023 by Kanjtai

[Kanjtai 3]

15 minutes ago, Crazy Cat said:

Visa fraud....

You cannot plan to stay and adjust status AFTER ENTERING THE US VIA THE F-1!!!!  

This has been explained several times already.

i know and i don't want to do it but many including you said:

 

1.  Enter the US via the F-1 and attend school.

2.  Immediately marry after entering the US.

3.  Immediately Start the CR-1 visa process.

4.  Leave the US at the end of school and wait out the rest of the visa process if not completed.

 

so this is also entering the us via the f1 and planning to stay and adjust, isn't it??

 

how is it not fraud when:

1 - you entered with f1 and attend the school, 

2 - Immediately marry after entering the us and starting green card visa process?

Edited April 19, 2023 by Kanjtai

[Mike E 11,741]

11 minutes ago, Crazy Cat said:

Visa fraud.

Yeah. OP is bound and determined to do so after multiple explanations. This thread is inadvertently becoming  a primer for how to misrepresent and get away with it. I am out.