Re-entry using F-1 after marrying US citizen, WITHOUT the intent of immigration

[John130 0]

Hi everyone, thank you for the help. I would very appreciate if you can share your thoughts/ideas for my situation.

 

Situation

• My gf (US & Korean dual citizenship) and I (Korean citizenship) are planning to get married.
• I'm currently F-1 undergraduate student, graduating in late May 2024. Will apply for OPT in March, and extend with STEM later on.
• We are planning for a wedding in Korea in late June 2024, and return to the US for my gf's work and my OPT.

In short, the timeline is graduate (US, May) → wedding (Korea, June) → start OPT (US, July) → leave US (when OPT expires).

 

Problem

It seems returning to the US in July using my F-1 visa could be a problem. I learned it's illegal to enter with F-1 visa with the intention to immigrate, and it could seem I am trying to immigrate via marriage -- which I am not! We are planning to go back home to Korea after my OPT is over, as both of our families/friends are there.

 

Questions

• Would there be a possibility that my re-entry getting denied because of my wedding?
• If so, would it be better to not get the marriage certificate in Korea (i.e. not leave any legal record of our marriage until entering US)?

 

I know it's a very nuanced situation, but I would love to hear your thoughts or similar situations you've seen. Thank you all!

[nastra30 2,284]

33 minutes ago, John130 said:

Would there be a possibility that my re-entry getting denied because of my wedding

There's always a possibility of being denied entry for non-immigrant visa holders (including F-1) since entry is always at the discretion of immigration officer. Additionally, in your case you would have already graduated school by July. IMO, it's risky to re-enter based OPT status than to re-enter as an active student enrolled in school. To minimize the risk, make sure your OPT is not in pending status but approved and in hand; and also you already have employment offer for OPT.

+When does your F-1 visa expire?

+When does your current I-120 expire?

Edited January 18 by nastra30

[John130 0]

Thanks for the reply! I'm in Newark so we are quite close by

 

1 minute ago, nastra30 said:

When does your F-1 visa expire?

When does your current I-120 expire?

 

My F-1 visa stamp expires July 2027, and my current I-20 expires on May 2025. I believe I should be able to return if I have my EAD card for my OPT when I return in July.

 

At this point, I'm wondering whether the immigration officer has any possible way to know that I'm married to a US citizen unless I tell them, since I'm not legally filing anything related to my marriage in the US.

[nastra30 2,284]

6 minutes ago, John130 said:

Thanks for the reply! I'm in Newark so we are quite close by  - 

 

 

My F-1 visa stamp expires July 2027, and my current I-20 expires on May 2025. I believe I should be able to return if I have my EAD card for my OPT when I return in July. - I believe so too, based on the info you've provided here. But make your OPT EAD is in hand.

 

At this point, I'm wondering whether the immigration officer has any possible way to know that I'm married to a US citizen unless I tell them, since I'm not legally filing anything related to my marriage in the US. - They possibly wouldn't know unless they ask you. Do  NOT volunteer any information if they don't ask.

Good luck.

Edited January 18 by nastra30

[John130 0]

4 minutes ago, nastra30 said:

Do volunteer any information if they don't ask

 

Thanks! Just to clarify, do you mean I should go out of my way to tell them about my marriage?

[nastra30 2,284]

13 minutes ago, John130 said:

 

Thanks! Just to clarify, do you mean I should go out of my way to tell them about my marriage?

No. I meant don't tell them unless they ask you. This goes for everything; don't volunteer any information unless asked by officer.

[Redro 4,611]

8 hours ago, John130 said:

 

Thanks! Just to clarify, do you mean I should go out of my way to tell them about my marriage?

Be aware: once you are married to your US citizen wife.

You are not guaranteed entry every time you leave the States and return.

Not just the first entry after marriage. 

When I finally immigrated to the US, the officer assumed I had been to secondary a lot because I visited the US several times after getting married to my USC husband. 

So, make sure you answer all the questions honestly if/when asked but don't volunteer information they don't ask for. 

Good luck ! And congratulations on the upcoming wedding. 

 

 

Edited January 18 by Redro

[igoyougoduke 1,656]

dont see any issues. You have a valid F1 visa and you are coming to do OPT

 

Your best choice is come to US and get married and than figure out the wedding in Korea. That way everything is clear for records 

[carmel34 3,621]

13 hours ago, John130 said:

We are planning for a wedding in Korea in late June 2024, and return to the US for my gf's work and my OPT.

I assume you will return to the US together after the wedding.  If so, and you go through the same line together at the POE, it increases the chance that they will ask questions about your relationship.  If so, be completely honest.  Hopefully everything will go smoothly.  Korea is not a high-fraud country so you should be okay.

[John130 0]

Thanks all for the reply!

 

13 hours ago, nastra30 said:

No. I meant don't tell them unless they ask you. This goes for everything; don't volunteer any information unless asked by officer.

That's what I thought you meant! Thanks for clarifying.

 

2 hours ago, igoyougoduke said:

Your best choice is come to US and get married and than figure out the wedding in Korea. That way everything is clear for records 

I think that can seem more suspicious for my F-1, as our actual wedding will happen in Korea in June. As I'm not planning to immigrate in the long term, I don't think it will be beneficial to leave any record of our marriage before our wedding and registration in Korea. Please let me know if I missing anything!

 

26 minutes ago, carmel34 said:

If so, and you go through the same line together at the POE, it increases the chance that they will ask questions about your relationship.

I don't think we can be on the same line at all, as she will go to the citizen/permanent resident line (she has the US passport) and I will go to the foreigner line (I only have the Korean passport). Is there any chance that arriving on the same flight will be problematic for my entry?

[Redro 4,611]

1 hour ago, John130 said:

I think that can seem more suspicious for my F-1, as our actual wedding will happen in Korea in June. As I'm not planning to immigrate in the long term, I don't think it will be beneficial to leave any record of our marriage before our wedding and registration in Korea. Please let me know if I missing anything!

 

As you will be married and living and working in the US, there will be a record of your marriage once you file taxes. 

Getting married in Korea vs US does not circumvent informing the US you are married. 

In addition, the US is not like Korea, with the marriage registry and family registry. 

You get married, there is a record, but the systems in the US aren't all connected so CBP won't know you are married unless you tell them. 

 

Korea really is a low fraud country. Couples are able to travel to the States together on ESTA (with families) without issue. 

You should be fine. Just be honest when asked questions and don't lie about your relationship status.  

[John130 0]

1 hour ago, Redro said:

As you will be married and living and working in the US, there will be a record of your marriage once you file taxes.

Thank you for clarifying! I'm just concerned about the re-entry in July. After the entry I will make it official in the US or similar. And yes, I can be honest about my entry intention (which is not immigration) or my marriage. Thanks!

[Thunderbolt 172]

Your wife will not go and stand in line with you? I think she should. 

Also it looks very fishy if she goes to the other line and you go to the other. If they ask you or ask her if you/she travelling alone and you/she lies, you can be denied entry on the spot. 

Be honest if asked and go together with your wife. There is nothing wrong with going to your country to get married and go back to finish your work. 

[Redro 4,611]

5 hours ago, Thunderbolt said:

Your wife will not go and stand in line with you? I think she should. 

Also it looks very fishy if she goes to the other line and you go to the other. If they ask you or ask her if you/she travelling alone and you/she lies, you can be denied entry on the spot. 

Be honest if asked and go together with your wife. There is nothing wrong with going to your country to get married and go back to finish your work. 

My husband and I always went through separate lines when we entered the US. But, I was also honest and if asked explained I was traveling to the US with him and when asked additional questions pointed him out in baggage claim. CBP never told me we should be entering the US together through the same line. 

[OldUser 6,625]

6 hours ago, Thunderbolt said:

Your wife will not go and stand in line with you? I think she should. 

Also it looks very fishy if she goes to the other line and you go to the other. If they ask you or ask her if you/she travelling alone and you/she lies, you can be denied entry on the spot. 

Be honest if asked and go together with your wife. There is nothing wrong with going to your country to get married and go back to finish your work. 

There's nothing fishy. My US spouse has to go through different line a lot of the times when we travel around the world. It's pretty normal. 

 

OP will be entering the US in foreigner line, whereas gf will be entering through US citizen line.

Edited January 19 by OldUser