U.S. Citizen marrying a F-1 student visa

[Qli 1]

Hi!

My boyfriend and I married last week. We have been dating since high school and now I am in my last year of college and he will begin his 3rd year. My boyfriend is an active international student with I-20 and F-1 visa which is valid as long as he attends college and I am a U.S. citizen. Couple days after marriage, he went back to his home country to see his family. When he returns in 2 weeks, we plan to apply for his green card. We will live together and change all my bills, bank accounts, etc to his permanent address here. So I have 3 questions.

1. Can he continue to attend school while the green card is being processed?

2. Does he have to change his I-20 and F-1 visa status to K-1 or K-3, or something else? Can he keep the I-20 and F-1 while we wait for it get processed and not have any problems with the process?

3. Will his visit to his home country during this summer affect the green card process?

Thank you so much everyone!

[pushbrk 12,094]

Hi!

My boyfriend and I married last week. We have been dating since high school and now I am in my last year of college and he will begin his 3rd year. My boyfriend is an active international student with I-20 and F-1 visa which is valid as long as he attends college and I am a U.S. citizen. Couple days after marriage, he went back to his home country to see his family. When he returns in 2 weeks, we plan to apply for his green card. We will live together and change all my bills, bank accounts, etc to his permanent address here. So I have 3 questions.

1. Can he continue to attend school while the green card is being processed?

2. Does he have to change his I-20 and F-1 visa status to K-1 or K-3, or something else? Can he keep the I-20 and F-1 while we wait for it get processed and not have any problems with the process?

3. Will his visit to his home country during this summer affect the green card process?

Thank you so much everyone!

Unfortunately, he really blew it by leaving after marriage and then re-entering the US using a student visa with the intent to immigrate. To do so, would be visa fraud. You'll want to consult an attorney before you attempt to adjust his status, and yes, leaving again will just make things worse.

If you had stayed in the US to adjust status after marriage, no problem at all. Too bad you didn't look into this before he left the US.

[Danni 0]

Actually! Before you have a heart attack I would like to inform you that the last post is incorrect!! You clearly stated in your post that your boyfriend has been on active F-1 status therefore it really depends on how long he has held that status. For example if he applied let’s say three years ago for an F-1 visa and has travelled home each year under the terms of his F-1 visa then it should not hinder his chances of adjusting his status. Basically it all comes down to whether or not it appears that your boyfriend initially entered the US to one day gain a green card or in fact to study as his F-1 visa entitled. Therefore the longer it has been since he applied for the F-1 the better as even U.S.C.I.S has to take into consideration love happens, relationships begin especially if your living in a country for a long period of time!!

If your boyfriend travelled to his home country with his endorsed I-20, therefore he abided by the terms of his visa and would not have broken any rules whatsoever! Until he has filed the I-130 and I-485 he is still an F-1 therefore free to travel etc...

Are you a US citizen? If so, you may petition him by filing the I-130 and concurrently filing I-485 for AOS.

Yes he may continue to attend school; I am, even though I will give birth to my first child in early Sep! I decided that I would be better off upholding good standing with my college! However if you read some other posts and (there are some really knowledgeable people on here that have gone through this process F-1 to AOS) some suggest if you desire you do not have to continue taking the 12 credit requirement because legally once you filed that AOS paperwork you gave up your F-1 rights!

[EstebanTrabajos 7]

Hi!

My boyfriend and I married last week. We have been dating since high school and now I am in my last year of college and he will begin his 3rd year. My boyfriend is an active international student with I-20 and F-1 visa which is valid as long as he attends college and I am a U.S. citizen. Couple days after marriage, he went back to his home country to see his family. When he returns in 2 weeks, we plan to apply for his green card. We will live together and change all my bills, bank accounts, etc to his permanent address here. So I have 3 questions.

1. Can he continue to attend school while the green card is being processed?

2. Does he have to change his I-20 and F-1 visa status to K-1 or K-3, or something else? Can he keep the I-20 and F-1 while we wait for it get processed and not have any problems with the process?

3. Will his visit to his home country during this summer affect the green card process?

Thank you so much everyone!

[payxibka 10,044]

There is much dispute about the issue of intent and if the USCIS will look solely at the intent at the most recent entry. If it is true, then problems might arise that you will need to be prepared to answer.

[EstebanTrabajos 7]

You are incorrect Danni.

Once a person gets married to a US citizen, and leaves the country and pretends to come back using a STUDENT visa, he/she is breaching his F-1 agreement. Why am i saying this? Because when one applies for a student visa (I know because I used to be one), one signs a documents that states that your only intention in coming to the States is to complete your studies and go back to your home country.

Love happens, true. That's the reason why there was the possibility to adjust status while being IN the United States and he had that advantage, he could have said that the last time he entered, he didn't know nor planned on getting married. NOW, he is married and he is fully aware on his intentions to immigrate to this country. THAT my friend is against USCIS rules and he is subject to be sent back to Korea and apply for the proper visa to enter the country, which is a Foreign Spouse Visa (IR1 or CR1 or K3), dont know which applies to their situation.

There are several steps to follow and several rules to respect before you adjust status and one of them is to stay and enter the country with the proper documentation. The only reason immigration might let him in, is if he expresses that he is not intending to immigrate to this conuntry and in that situation, immigration cannot deny an entry as an F-1 since that is what he will keep on being (be married to a US citizen doesn't mean one has to apply for a green card). Maybe the couple plans to immigrate to the foreing spouse's home country, in this case Korea. Therefore, if he intends to do what his visa is good for, which is to STUDY, he is good to go.

In this instance, they are expressing their desire to live and reside in the US...

Good luck on his way back...

Edited August 14, 2008 by GueraYTavo

[Danni 0]

You are incorrect Danni.

Once a person gets married to a US citizen, and leaves the country and pretends to come back using a STUDENT visa, he/she is breaching his F-1 agreement. Why am i saying this? Because when one applies for a student visa (I know because I used to be one), one signs a documents that states that your only intention in coming to the States is to complete your studies and go back to your home country.

Love happens, true. That's the reason why there was the possibility to adjust status while being IN the United States and he had that advantage, he could have said that the last time he entered, he didn't know nor planned on getting married. NOW, he is married and he is fully aware on his intentions to immigrate to this country. THAT my friend is against USCIS rules and he is subject to be sent back to Korea and apply for the proper visa to enter the country, which is a Foreign Spouse Visa (IR1 or CR1 or K3), dont know which applies to their situation.

There are several steps to follow and several rules to respect before you adjust status and one of them is to stay and enter the country with the proper documentation. The only reason immigration might let him in, is if he expresses that he is not intending to immigrate to this conuntry and in that situation, immigration cannot deny an entry as an F-1 since that is what he will keep on being (be married to a US citizen doesn't mean one has to apply for a green card). Maybe the couple plans to immigrate to the foreing spouse's home country, in this case Korea. Therefore, if he intends to do what his visa is good for, which is to STUDY, he is good to go.

In this instance, they are expressing their desire to live and reside in the US...

Good luck on his way back...

AM I???

Are telling us that an F-1 does not have the right to marry to a USC and remain an F-1?? If one wished to marry an USC as an F-1 and remain an F-1, could they do so? I mean obviously most wouldn’t but as far I understand from meetings with my lawyer and my education, you do not give up your F-1 status until the AOS is filed??

To my understanding the marriage is not what constitutes visa fraud. They had the right to wed, correct?? Since they have not yet filed the adjustment of status paperwork then his status in the UNITED STATES remains F-1, right. Therefore as he has not yet filed this trip should not affect their AOS. This is my understanding due to my own situation but also my colleague who married as an F-1 and did not adjust her status for one year after due to financial reasons... Also pretends to return as a student??? Is that is your interputation of his actions?

[Danni 0]

You are incorrect Danni.

Once a person gets married to a US citizen, and leaves the country and pretends to come back using a STUDENT visa, he/she is breaching his F-1 agreement. Why am i saying this? Because when one applies for a student visa (I know because I used to be one), one signs a documents that states that your only intention in coming to the States is to complete your studies and go back to your home country.

Love happens, true. That's the reason why there was the possibility to adjust status while being IN the United States and he had that advantage, he could have said that the last time he entered, he didn't know nor planned on getting married. NOW, he is married and he is fully aware on his intentions to immigrate to this country. THAT my friend is against USCIS rules and he is subject to be sent back to Korea and apply for the proper visa to enter the country, which is a Foreign Spouse Visa (IR1 or CR1 or K3), dont know which applies to their situation.

There are several steps to follow and several rules to respect before you adjust status and one of them is to stay and enter the country with the proper documentation. The only reason immigration might let him in, is if he expresses that he is not intending to immigrate to this conuntry and in that situation, immigration cannot deny an entry as an F-1 since that is what he will keep on being (be married to a US citizen doesn't mean one has to apply for a green card). Maybe the couple plans to immigrate to the foreing spouse's home country, in this case Korea. Therefore, if he intends to do what his visa is good for, which is to STUDY, he is good to go.

In this instance, they are expressing their desire to live and reside in the US...

Good luck on his way back...

AM I???

Are telling us that an F-1 does not have the right to marry to a USC and remain an F-1?? If one wished to marry an USC as an F-1 and remain an F-1, could they do so? I mean obviously most wouldn’t but as far I understand from meetings with my lawyer and my education, you do not give up your F-1 status until the AOS is filed??

To my understanding the marriage is not what constitutes visa fraud. They had the right to wed, correct?? Since they have not yet filed the adjustment of status paperwork then his status in the UNITED STATES remains F-1, right. Therefore as he has not yet filed this trip should not affect their AOS. This is my understanding due to my own situation but also my colleague who married as an F-1 and did not adjust her status for one year after due to financial reasons... Also pretends to return as a student??? Is that is your interputation of his actions?

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status

My point exactly!! Like I said before your boyfriend has not committed fraud...

[Chica Yeyé 41]

I don't think Tavo was referring to the marriage itself; but to the re-entry on a student visa with intent to immigrate (which they have) - which could be construed as such by an immigration officer: heck! they could actually deny him entry, and they have done so for many people here in VJ. Like you said in your quote: the onus of proof is on them. Perhaps they should consult with an attorney, since neither of us is one.

[payxibka 10,044]

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status

If there is no fraud then why is there a reccomendation to wait? The only plausible reason is to disguise any possible issue of intent that existed at last entry.

The highlighted above says that no fraud exists if you did not have intent when you applied for your visa or when you last entered at the POE. If so, then one could infer that if you had intent when you applied for your visa and/or when you last entered at the POE then there is fraud.

To the OP:

This is a hugely sensitive area and anyone who tells you that you have done nothing wrong is doing you a disservice. You need to seek competant legal counsel!

Edited August 14, 2008 by fwaguy

[Chica Yeyé 41]

If there is no fraud then why is there a reccomendation to wait? The only plausible reason is to disguise any possible issue of intent that existed at last entry.

The highlighted above says that no fraud exists if you did not have intent when you applied for your visa or when you last entered at the POE. If so, then one could infer that if you had intent when you applied for your visa and/or when you last entered at the POE then there is fraud.

To the OP:

This is a hugely sensitive area and anyone who tells you that you have done nothing wrong is doing you a disservice. You need to seek competant legal counsel!

I couldn't agree more

[EstebanTrabajos 7]

AM I???

Are telling us that an F-1 does not have the right to marry to a USC and remain an F-1?? If one wished to marry an USC as an F-1 and remain an F-1, could they do so? I mean obviously most wouldn't but as far I understand from meetings with my lawyer and my education, you do not give up your F-1 status until the AOS is filed??

To my understanding the marriage is not what constitutes visa fraud. They had the right to wed, correct?? Since they have not yet filed the adjustment of status paperwork then his status in the UNITED STATES remains F-1, right. Therefore as he has not yet filed this trip should not affect their AOS. This is my understanding due to my own situation but also my colleague who married as an F-1 and did not adjust her status for one year after due to financial reasons... Also pretends to return as a student??? Is that is your interputation of his actions?

Did you actually READ my post??? or you are just answering because you can type in a computer.

I don't think Tavo was referring to the marriage itself; but to the re-entry on a student visa with intent to immigrate (which they have) - which could be construed as such by an immigration officer: heck! they could actually deny him entry, and they have done so for many people here in VJ. Like you said in your quote: the onus of proof is on them. Perhaps they should consult with an attorney, since neither of us is one.

Thank you Len, you DID understand my post.

Edited August 14, 2008 by GueraYTavo

[Danni 0]

AM I???

Are telling us that an F-1 does not have the right to marry to a USC and remain an F-1?? If one wished to marry an USC as an F-1 and remain an F-1, could they do so? I mean obviously most wouldn't but as far I understand from meetings with my lawyer and my education, you do not give up your F-1 status until the AOS is filed??

To my understanding the marriage is not what constitutes visa fraud. They had the right to wed, correct?? Since they have not yet filed the adjustment of status paperwork then his status in the UNITED STATES remains F-1, right. Therefore as he has not yet filed this trip should not affect their AOS. This is my understanding due to my own situation but also my colleague who married as an F-1 and did not adjust her status for one year after due to financial reasons... Also pretends to return as a student??? Is that is your interputation of his actions?

Did you actually READ my post??? or you are just answering because you can type in a computer.

I don't think Tavo was referring to the marriage itself; but to the re-entry on a student visa with intent to immigrate (which they have) - which could be construed as such by an immigration officer: heck! they could actually deny him entry, and they have done so for many people here in VJ. Like you said in your quote: the onus of proof is on them. Perhaps they should consult with an attorney, since neither of us is one.

Thank you Len, you DID understand my post.

Yes I can type on a computer amongst the many other wonderful things us humans are capable of… Wow Tavo!! you have me all wrong actually I really appreciated all the great advice I received from you in the recent past, Why so rude?? seriously I did not mean to offend, honestly I didn’t I am just interested in correcting myself if I am wrong; that’s all please don’t be so sensitive this is a forum for a reason. A place for people to educate themselves! It is not necessary to take things personally and be so rude. I don't claim to be a lawyer ! I just did not fully agree with your comment that’s all... (Freedom of speech, right) I just wanted to point out that the post which referred to FRUAD may not be entirely applicable to this particular case. Yes, I couldn’t agree more with seeking advice from an attorney. It’s not completely impossible for her boyfriend or should I say husband to adjust his status… To be honest all anyone on here can do is give advice from their own experiences unless they are immigration lawyers. The best way to learn is to take every element and opinion into consideration, until you confirm the advice from rather an attorney or an USCIS officer!! No offence Tavo but do you fall into either category?? (good typing, eh??) just relax this is not a court room!! lol

Edited August 14, 2008 by Danni

[Chica Yeyé 41]

Yes I can type on a computer amongst the many other wonderful things us humans are capable of… Wow Tavo!! you have me all wrong actually I really appreciated all the great advice I received from you in the recent past, Why so rude?? seriously I did not mean to offend, honestly I didn’t I am just interested in correcting myself if I am wrong; that’s all please don’t be so sensitive this is a forum for a reason. A place for people to educate themselves! It is not necessary to take things personally and be so rude. I don't claim to be a lawyer ! I just did not fully agree with your comment that’s all... (Freedom of speech, right) I just wanted to point out that the post which referred to FRUAD may not be entirely applicable to this particular case. Yes, I couldn’t agree more with seeking advice from an attorney. It’s not completely impossible for her boyfriend or should I say husband to adjust his status… To be honest all anyone on here can do is give advice from their own experiences unless they are immigration lawyers. The best way to learn is to take every element and opinion into consideration, until you confirm the advice from rather an attorney or an USCIS officer!! No offence Tavo but do you fall into either category?? (good typing, eh??) just relax this is not a court room!! lol

No it is not a courtroom Danni; but folks with complicated cases are not well served by any of us giving them incorrect advice. In the original poster's case, the issue of re-entry on a student visa with intent to immigrate will potentially complicate things for them - reason why they are better off consulting with an immigration attorney.

[Danni 0]

Yes I can type on a computer amongst the many other wonderful things us humans are capable of… Wow Tavo!! you have me all wrong actually I really appreciated all the great advice I received from you in the recent past, Why so rude?? seriously I did not mean to offend, honestly I didn’t I am just interested in correcting myself if I am wrong; that’s all please don’t be so sensitive this is a forum for a reason. A place for people to educate themselves! It is not necessary to take things personally and be so rude. I don't claim to be a lawyer ! I just did not fully agree with your comment that’s all... (Freedom of speech, right) I just wanted to point out that the post which referred to FRUAD may not be entirely applicable to this particular case. Yes, I couldn’t agree more with seeking advice from an attorney. It’s not completely impossible for her boyfriend or should I say husband to adjust his status… To be honest all anyone on here can do is give advice from their own experiences unless they are immigration lawyers. The best way to learn is to take every element and opinion into consideration, until you confirm the advice from rather an attorney or an USCIS officer!! No offence Tavo but do you fall into either category?? (good typing, eh??) just relax this is not a court room!! lol

No it is not a courtroom Danni; but folks with complicated cases are not well served by any of us giving them incorrect advice. In the original poster's case, the issue of re-entry on a student visa with intent to immigrate will potentially complicate things for them - reason why they are better off consulting with an immigration attorney.

I agree, that’s why I have reposted several times each time asking questions to help her and myself gain more knowledge!! My advice still stands that it is best to contact an attorney. At the same time all I am trying to emphasize the fact that it may still be possible to pursue an AOS.. The reason I wanted to stress this point is because the first reply seemed very pessimistic, telling her she has blown her chances… come on that’s a little steep. It is most important to gather correct info, but no one can actually tell me whether or not my point is correct or incorrect?? Like I said if her husband decided to remain an F-1 without ever adjusting status, then uipon return he would not have had any intent to immigrate, right?? Therefore is there a loop hole or so to speak? It seems to me that it is imperative for him to prove he returned to the US only to study? What if they decided to wait for a year before filing? Would their case still be high risk??