Traveling with F-1 visa/OPT after marrying a USC

[aykpark 0]

Hi everyone,

I am a Canadian, currently working in NYC on my OPT/F-1 visa since I graduated from my grad school this past June. I got engaged to a US citizen this past July and got married in a city hall two days ago. Our actual wedding ceremony is going to be next fall but we wanted to get started early with the application for my green card so we decided to do a civil ceremony this week.

I just came across a thread talking about people with F-1 visa and/or OPT visa not allowed to travel right after marrying USC, unless they obtain the AP. I've been planning to go visit Canada for my brother's wedding in 2 weeks. Since I've just started preparing all the documents for the green card application, I won't have all the things ready by the end of next month so AOS application won't be submitted until the end of December. Do you guys think it's safe for me to travel to Canada on my OPT/F-1 visa before submitting the AOS application? And will I have difficulty re-entering the US after? Also, will this be considered as visa fraud?

Thanks!

[Pitaya 2,576]

Welcome to the forum.

Care to share the thread you reference so that other members can better understand your question and hopefully give you an informed response?

Pitaya

VJ Moderation

[aykpark 0]

Welcome to the forum.

Care to share the thread you reference so that other members can better understand your question and hopefully give you an informed response?

Pitaya

VJ Moderation

Hello!

Here's the link: http://www.visajourney.com/forums/topic/355874-f1-student-getting-married-to-us-citizen-and-need-to-travel/

Thank you,

[embay16 12]

Even though that thread is a few years old, it is still accurate.

Our lawyer (many times) told us that it is not possible to travel on an F1 visa after marriage to USC with plans of adjusting status, whether or not you have actually filed the AOS documents or not. That is visa fraud as you would be entering on a non-immigrant visa with intent to immigrate. OPT is also a non-immigrant visa as it is part of the F1.

I am not sure what to tell you on next steps, because you don't have enough time to get the AP (even if you were successful to expedite it) before you brother's wedding in 2 weeks....but if you go, there could be serious consequences with traveling. The only possible (safe and legal) option for you to go to your brother's wedding is if you will end up leaving the US, staying in Canada and applying for IR-1/CR-1 instead of AOS.