F1 STEM OPT, getting married in France, adjusting status later?

[DrBobbie24 0]

Hi all,

 

I'm an F1 visa holder on a STEM OPT extension. My EAD card is valid until July 2024 and my visa until January 2025. My fiance and I met 2 years ago (June 2021), got engaged in October 2022 and are getting married this August (2023). I am orginally from France and wanted to get married with my family so we are planning to get married in France. We're doing an official civil ceremony and then a backyard wedding. 

 

I was planning on re-entering the US in September 2023  after travelling Europe for a bit. I have a job here in the US that I would be returning to since just took some vacation for the wedding. I was planning on waiting a bit after that (a month or two) before filing to adjust my status. Is there any risk that this will understood as reentering with the intention of getting married? How long should I wait to notify the US government that we got married? Should we get legally married first in the US? Would I be able to leave the country for our French ceremony and come back? I did ask these questions to an attorney on the phone a few months back before planning everything (she said our plan sounded ok) but now that we're getting closer, I'm getting nervous and really don't want to screw myself...

 

Thanks in advance for your help and advice.

[Boiler 45,451]

Of course there is. F1 is a non immigrant visa and you want to use it to immigrate.

[Mike E 11,739]

12 minutes ago, DrBobbie24 said:

Is there any risk that this will understood as reentering with the intention of getting married

This is 100 percent entering the U.S. on a single intent non immigrant visa with immigration intent.

 

Try this as a logic exercise:

 

After getting married, you arrive at a U.S. port of entry, present your F-1 visa, and inform the  CBP officer you are married to a U.S. citizen and you will be filing I-485 after you are granted entry.

 

Which out come do you think is most likely:

1. Your F-1 visa is canceled and you are denied entry.

 

2. You are admitted as an F-1 student, and warned (perhaps with a note on your passport) to not file I-485

 

3. You are admitted as an F-1 student and the officer congratulates you on your decision to file I-485.

 

?

 

 

Edited July 8, 2023 by Mike E

[DrBobbie24 0]

Thank you both for your quick responses. I was worried this was going to be the case.

 

If him and I got married in the US before going to France. Would I be able to travel and re-enter on my student visa or would I need to adjust status immediately?

 

Is there an option where we don't adjust the status about getting married? Maybe wait 6 months? Would that make any difference?

[Dashinka 24,483]

2 minutes ago, DrBobbie24 said:

Thank you both for your quick responses. I was worried this was going to be the case.

 

If him and I got married in the US before going to France. Would I be able to travel and re-enter on my student visa or would I need to adjust status immediately?

 

Is there an option where we don't adjust the status about getting married? Maybe wait 6 months? Would that make any difference?

If you get married in the US and AOS, there is no going to France for at least 6-8 months (YMMV) until you get either your GC or AP, as even if re-admitted on your student visa, your AOS filed before leaving becomes abandoned when you leave.

[Boiler 45,451]

3 minutes ago, DrBobbie24 said:

Thank you both for your quick responses. I was worried this was going to be the case.

 

If him and I got married in the US before going to France. Would I be able to travel and re-enter on my student visa or would I need to adjust status immediately?

 

Is there an option where we don't adjust the status about getting married? Maybe wait 6 months? Would that make any difference?

The logical thing to do would be marry in the US and file to adjust then travel to France once you have AP.

[Mike E 11,739]

Just now, DrBobbie24 said:

If him and I got married in the US before going to France. Would I be able to travel and re-enter on my student visa

This is no different. Use my logic question as a tool to help you understand.

 

2 minutes ago, DrBobbie24 said:

Is there an option where we don't adjust the status about getting married?

Yes. Do not adjust status. Instead get an immigration visa. 

2 minutes ago, DrBobbie24 said:

Maybe wait 6 months? Would that make any difference?

The intent to immigrate is there whether you file I-485 6 minutes, 6 hours, 6 days, 6 weeks, 6 months, 6 years, or 6 decades after entering on an F-1.

[DrBobbie24 0]

1 minute ago, Mike E said:

Yes. Do not adjust status. Instead get an immigration visa. 

That would mean filing from France though, correct? 

 

I probably misunderstood the lawyer I talked to but I'm guessing not mentioning it to the border agent isn't an option, correct? I'm sorry I know I'm probably asking silly questions I already know the answer to just in case...

[DrBobbie24 0]

6 minutes ago, Mike E said:

The intent to immigrate is there whether you file I-485 6 minutes, 6 hours, 6 days, 6 weeks, 6 months, 6 years, or 6 decades after entering on an F-1.

If we got married in here instead (let's say we cancel the whole French thing), wouldn't they be able to say the same thing? That I initially entered the US on an F1 and then got married?

[Dashinka 24,483]

Just now, DrBobbie24 said:

That would mean filing from France though, correct? 

 

I probably misunderstood the lawyer I talked to but I'm guessing not mentioning it to the border agent isn't an option, correct? I'm sorry I know I'm probably asking silly questions I already know the answer to just in case...

It would be hard to comment on that as we don’t know what the context was of that conversation.  Overall, yes, you do not have to offer information to CBP, but you do need to answer their questions truthfully.

[Boiler 45,451]

The most common question is What is the purpose of your visit?

[Dashinka 24,483]

Just now, DrBobbie24 said:

If we got married in here instead (let's say we cancel the whole French thing), wouldn't they be able to say the same thing? That I initially entered the US on an F1 and then got married?

If you have not left since last entering the US on your F1 and your circumstances have changed, you can legally AOS.  At the time of the GC interview, the IO may ask about it, but intent is determined at the border.

[Mike E 11,739]

5 minutes ago, DrBobbie24 said:

If we got married in here instead (let's say we cancel the whole French thing), wouldn't they be able to say the same thing? That I initially entered the US on an F1 and then got married?

Where are you today?

[Mike E 11,739]

8 minutes ago, DrBobbie24 said:

That would mean filing from France though, correct?

I-130 can be filed from U.S., France, anywhere. 

8 minutes ago, DrBobbie24 said:

 

I probably misunderstood the lawyer I talked to but I'm guessing not mentioning it to the border agent isn't an option, correct?

Not mentioning it, and then doing it, is a lie by omission. 

[DrBobbie24 0]

5 minutes ago, Boiler said:

The most common question is What is the purpose of your visit?

Is it wrong to say that my true purpose is my job? The AOS is secondary... But I guess that could be seen as a lie by omission as Mike mentioned.

2 minutes ago, Mike E said:

Where are you today?

I'm in Wisconsin. I'm guessing that in any case, filing for an immigrant visa would still mean staying in the US the whole time. How would that be different/better than filing for AOS right away?