Changing from F1?

[levriero 0]

Hello,

 

My partner and I have been together in the US for four years, not yet married but that is on the table.  He is studying using an F1 visa and I believe that an adjustment can be made with an I-130 after we marry.  He needed to renew his F1 and returned back to the US at the end of January (I visited his family during this time also); my concern is that we have already known each other a while when he renewed his visa, and therefore a change of status could be considered as going against the intent of the visa.  
Is there any risk if we marry and then begin the process?

 

Thank you!

[Boiler 45,525]

I never like saying no risk, I will go with minimal risk.

[OldUser 6,708]

On 4/28/2024 at 6:46 PM, levriero said:

 Is there any risk if we marry and then begin the process?

How soon after him entering on F-1?

Let's say, if he marries you after another year of studies, for example, there's 0 problem if he didn't have immigrant intent all this time.

If he marries you a day after he arrives in the US, there may be a problem.

 

Edited May 8 by OldUser

[levriero 0]

2 minutes ago, OldUser said:

How soon after him entering on F-1?

Let's say, if he marries you after another year of studies, for example, there's 0 problem if he didn't have immigrant intent all this time.

If he marries you a day after he arrives in the US, there may be a problem.

 

Just passed 90 days a couple days ago.  We’re planning on waiting a few months still to make sure nothing could go wrong.

[OldUser 6,708]

Just now, levriero said:

Just passed 90 days a couple days ago.  We’re planning on waiting a few months still to make sure nothing could go wrong.

You're fine, don't need to wait much longer. As long as you're marrying for love and not for immigration, you're OK.

[levriero 0]

11 minutes ago, OldUser said:

You're fine, don't need to wait much longer. As long as you're marrying for love and not for immigration, you're OK.

Oh that’s reassuring.  We’ve been together for years and it’s been a great time together - I just worry something can go wrong with the legal process.

Thank you!