Should I travel after married but not yet submitted application?

[April-bloom 0]

Hello everyone, 

I (F-1 status) and my spouse (green card holder) married in February 2023.

We have not yet submitted any sponsorship application, including I-130.

 

I read somewhere about the intention of entry. Upon entering the US border, when the officer asks for a reason for admission, I can either:

1. Only present my F-1 status and not mention the marriage -> would it lead to mispresent at the interview in the future?
2. Present my F-1 status + mention I got married -> I would face the possibility of rejecting at the border because the officer has a reason to think that I intend to stay in the US permanently (since F-1 is temporary).

 

Can I travel outside of the US and come back on F-1 status?

Is there any risk if I do so?

[Crazy Cat 41,845]

There is no issue if you are entering the US with the proper intent of the visa.  However, entering the US as a non-immigrant with the intent to stay and adjust status is visa fraud (except via a K-1).  Entering either before or after marriage is not an issue.

Edited July 25, 2023 by Crazy Cat

[JeanneAdil 6,498]

u would have listed the husband on the ds 160 so CBP will  know

[April-bloom 0]

Thank you all for your response.

 

I can't edit my post, so I add my status here.

I am a Canadian citizen, so I don't need a visa but only I-20 form for F-1 status.

Since I already got marriage, my intention to enter the US would be to study + AOS.

 

I am worried I would be rejected at the border because F-1 status is supposed to return to the country after the intended period ends. But in my case, it is obvious that I have the intention to stay.

 

Edited July 25, 2023 by April-bloom

[powerpuff 6,697]

2 minutes ago, April-bloom said:

+ AOS.

That is in issue and you have an intent to immigrate through AOS which is immigration fraud.

 

If you leave your only option is F2A visa through consular processing.

Edited July 25, 2023 by powerpuff

[powerpuff 6,697]

~~ Topic moved from CR1/IR1 spousal visa forum to Bringing family members of Permanent residents to America forum as the petitioner is an LPR ~~

[JeanneAdil 6,498]

40 minutes ago, April-bloom said:

Thank you all for your response.

 

I can't edit my post, so I add my status here.

I am a Canadian citizen, so I don't need a visa but only I-20 form for F-1 status.

Since I already got marriage, my intention to enter the US would be to study + AOS.

 

I am worried I would be rejected at the border because F-1 status is supposed to return to the country after the intended period ends. But in my case, it is obvious that I have the intention to stay.

 

then when CBP asks your intent to return home and marriage status and will u AOS ,  u tell them

 

 

[Crazy Cat 41,845]

49 minutes ago, April-bloom said:

Since I already got marriage, my intention to enter the US would be to study + AOS.

Planning to enter as a non-immigrant with the intent to adjust status later is improper use of that visa, in my opinion.  

 

49 minutes ago, April-bloom said:

But in my case, it is obvious that I have the intention to stay.

There is the issue, imo.  It could be argued that it is misrepresentation to enter as a visitor with intent to stay.  

[carmel34 3,626]

2 minutes ago, Crazy Cat said:

It could be argued that it is misrepresentation to enter as a visitor with intent to stay.  

Agreed 100%.  Misrepresentation/visa fraud is a very serious offense and could make it very difficult for you to enter the US again.  For the OP, why risk that?  Do it the legal way via consular processing, not adjustment of status, which means that you can enter the US as a student and study while waiting for the I-130 and spousal visa process (if allowed in by CBP), and then return to Canada for your visa interview.  If you complete your academic program before the visa interview in Montreal, then you will have to go back to Canada, attend the interview when scheduled, and then enter the US as a legal permanent resident.  The other advantage of doing this the legal, proper way, is that after entering the US with an immigrant visa (F2A) you will be able to work in the US and travel outside the US immediately.

[April-bloom 0]

15 minutes ago, carmel34 said:

Agreed 100%.  Misrepresentation/visa fraud is a very serious offense and could make it very difficult for you to enter the US again.  For the OP, why risk that?  Do it the legal way via consular processing, not adjustment of status, which means that you can enter the US as a student and study while waiting for the I-130 and spousal visa process (if allowed in by CBP), and then return to Canada for your visa interview.  If you complete your academic program before the visa interview in Montreal, then you will have to go back to Canada, attend the interview when scheduled, and then enter the US as a legal permanent resident.  The other advantage of doing this the legal, proper way, is that after entering the US with an immigrant visa (F2A) you will be able to work in the US and travel outside the US immediately.

 

Thank you for your advice. I will look into it.

[Mike E 11,739]

2 hours ago, April-bloom said:

Can I travel outside of the US and come back on F-1 status?

Is there any risk if I do so?

Are you in the U.S. today, at this moment?

[April-bloom 0]

Yes, I am

Edited July 25, 2023 by April-bloom

[Crazy Cat 41,845]

1 minute ago, April-bloom said:

Yes, I am

AOS is perfectly legal for you.

[April-bloom 0]

15 minutes ago, Crazy Cat said:

AOS is perfectly legal for you.

 

I have been in the US for a few years under TN and now under F-1.

We only decided to get married earlier this year.

Since we got married, I wonder if I should travel outside of the US and return on F1.

 

With your input, I probably stay in the US until my advance parole or green card gets approved.

 

Thank you all for the advice!

[Mike E 11,739]

1 hour ago, Mike E said:

Are you in the U.S. today, at this moment?

 

9 minutes ago, April-bloom said:

Yes, I am

 

7 minutes ago, Crazy Cat said:

AOS is perfectly legal for you.

Agreed. And it might need to be filed before the end August, because eventually the visa bulletin is going have to retrogress the date of filling for F2A (spouses of LPRs). And once that happens, AOS (aka I-485) will not be possible.

 

Otherwise since this is an F2A petition, it will take at least 9 years to get an immigration visa. And a high chance of effectively being barred from the U.S. until that visa is issued: 

 

Meanwhile your spouse needs to for U.S. citizenship when available so that 9 years goes to 2 or less.

 

Why 9 years? The August 2023 visa bulletin says the cases with a priority date (PD) of 08OCT17 are being taken up for processing:

* we know the State department dissembles, because we have seen cases where the PD has been current for over a year, and still NVC refuses to schedule an interview.

* best case a PD of July 2023 becomes current in 6 years. But PDs usually do not move as fast one month per month. I instead, after year we might see PDs from  April 2018 being taken up in July 2024.

* Even if the PD becomes current in 6 years, USCIS, NVC, and consulate backlogs tend to be worse for spouses of LPRs than spouses of U.S. citizens.

* I am worried F2A will further regress.

 

So IMHO, the best option, the only option, is to file an I-485 package now, with EAD and Advance Parole so that April can eventually work and travel, but most importantly, stay in the U.S. until her I-485 is decided.