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xxmarcxx

Marriage between F-1 holder and us citizen

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Hi guys, I wonder if someone can give me advice, last year I was studying in the USA for 7 months as an internaitonal student with an F-1 visa, now I want to go back to study there, I also planning to marry with my girlfriend so we can get an apartment together and I can get the work permit for get money for us, I don't have time of go thro the k1 it takes too long, I want to start the university in january, well my question is, if I go in spring semster to study there with an F-1 visa, there are many chances that if I get married with my girlfriend maybe in February or March they would consider it as a visa fraud? I kno that after marry her I would have to fill out the I-130/I-485 and I-765 with I-864 and Medical, but I just wondering about that stuff with the visas, maybe should I wait more months before marry her? if they ask me I would of say that my intention was just going to study, because it is, I mean maybe depends how it goes when im there we don't even marry, but im just asking just in case that we would do if I would be ok or I'd have problems. thank you!!!!

Edited by xxmarcxx

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You are planning to go to USA to eventually marry your girlfriend, so yes you would be committing visa fraud. I would not recommend that, you might have serious problems later on. You might get approved for AOS or you might be charged with visa fraud and deported. It is risky. I would advise have your girlfriend immediately file for fiance visa (K1) and in the meantime, work in your country or take some classes there. You say you don't have time to wait for K1 visa. But why risk your entire future? Coming on F1 for the second time and then marrying your girlfriend before the visa expires, it is a red flag. Especially if they know you knew her before. It will be much better to come to USA with no fear. :yes:

On the other hand if the two of you are not 100% committed to getting married, you can study in USA again and after returning to your country afterward, file for K1 at that time if you decide to.


***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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Hello.

I am not too sure, but I think you at least have to wait 6 or 8 months after you enter the U.S. with F1 visa if I remember it correctly..... But, it is very very very possible that they would think you are committing visa fraud... I would take K1 route if I were you....

Good Luck :star:

Nao


Past History

10/09/2007: Sent out I-129F

07/31/2008: K1 visa issued

08/05/2008: U.S. entry as a K1 visa holder

09/03/2008: Wedding at the City Hall:)

AOS timeline

09/18/2008: Sent out AOS/EAD/AP via Fedex

09/22/2008: Application received

09/26/2008: Application received Date on NOA1

10/16/2008: Biometrics appointment

10/17/2008: Touch

12/08/2008: Filed a Service Request for EAD (more than 75 days since petition received.)

12/22/2008: Infopass Appointment (Day 91 since EAD application filed)

12/22/2008: EAD approved (card production ordered/Day 91)

12/31/2008: AP received in mail :)

01/02/2009: EAD received in mail :)

01/09/2009: AOS interview letter received in mail :)

02/20/2009: Interview :) => Approved!!!!!

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The point is that if you come into the US with the intention of staying and getting married, and lie to the immigration officer about your intent, that is visa fraud, regardless of the time period between entering and getting married. Genuinely changing your mind when you are already in the US and then marrying is ok, but you have already stated that you are planning to marry your girlfriend, so this does not apply to you. Sure, you may 'get away with it', but the fiance visa would be the legal route and spare you the possibility of being accused of visa fraud.


Removing conditions:

10/9/10 - Package sent to Vermont

10/13/10 - NOA1 date, received 10/18

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Are you asking people to help you commit visa fraud? :bonk:

I hope you get caught and get a 10-year ban. People like you are the reason we all have to wait 6-12 months for residency.

Edited by kid brooklyn

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I ddn't ask how to commit visa fraud :wacko: , I was asking because I'm thinking that I may get married, and that if now I want to go there and study because I don't want to miss another year of college and then later on I get marry with her I would have problems with immigration or not, I think is a normal question, thanks for the answers guys, I have another doubt, if we decide to get marry thro the k1 way, can I go to study this year to America with an F-1 while I'm waiting for the approval, and then come back to my country and do the embassy appointmen and medical etc. because then I wouldn't be going there with the intention of marry, just to study a year and then come back. or do i have to stay here? thank you!

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Let me see if I can clarify your situation.

You want to come to the US and study for 1 year using an F1 visa.

You have a girlfriend in the US and you want to get married.

Do you know when you are getting married or do you just know that you will eventually get married?


Nothing I say is legal advice. I recommend you consult a qualified immigration attorney for any questions you may have.

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I think you can still apply for F1 while waiting for answer to K1 visa. Because several times people with pending K1 or K3 visas have applied for tourist visa to USA. However if you have K1 visa pending, the Consulate in India may be suspicious that you will go to USA and just stay there, so it may be harder to get the approval.

Additionally, I think that once you come to USA on K1 visa, your F1 visa will be invalid. I don't know if that will cause interruptions or trouble with your studies here, in case you are in the middle of the studies.

Others with more experience may want to comment too. :yes:


***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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I don't know when, we still have to talk about it and the whole marriage thing, but we probably do, thats why I was asking that if I go there with my F-1 visa for study, and then later on we decide to get marry, if I would have a problem with immigration or not, anyways do you think that if we finnaly decide to go the k-1 way I would be able to go to study to the USA with a F-1 visa until I get the approval, and then come back to my country and do the embassy appintment, medical etc. because in that way they wouldnt be able to tell me that I went there with the intention of marry, since I would just be there studying, then leave and then when I cme back again it would be with a k-1 in the pocket, is this possible or while they are processing the k-1 I'm not able to enter to the USA for study?

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Right. :yes:


***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

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thank you :innocent: someone else can confirme that I can go to America with a visa F-1 while my K-1 is processing?

Cher ami, je ne te conseille pas de venir te marrier avec un visa étudiant. Tu te feras capter à coup sûr. En fait tu ne seras pas le premier à essayer et à se faire jeter dehors. Ils sont pas stupides à l'USCIS. Tu viens en janvier avec un visa étudiant et tu te marries en mars avec une américaine. C'est cousu de fil blanc ça. Ca ne trompera personne. Et tu vas te créer des emmerdes pas possibles.

Le plus simple c'est le K1. Même si c'est long ca te met à l'abri et tu seras en règle.


K1

May 21st 2006: Entered the USA on a K1 visa

July 2nd 2006: Marriage ceremony

Oct 10th 2006:Received Green Card

REMOVING CONDITIONS

August 12th 2008: Sent I 751 to CSC

Dec 5th 2008: Green Card in the mail

NATURALIZATION

Dec 4th: Sent N 400

March 18th: Interview

May 24th 2011: Oath in Minneapolis. Journey is over.

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thank you :innocent: someone else can confirme that I can go to America with a visa F-1 while my K-1 is processing?

You can't enter the USA on any visa when your K1 is being processed. A friend of mine tried that in Paris and was denied his tourist visa. Don't try to outsmart immigration. They've seen it all. You want to marry your girlfriend, then do it the right way. Get a K1 visa. I'm sorry to say it but your plan will probably not work and it will contribute to make it even harder for those who are trying to get a visa in good faith.

Think twice. :unsure:


K1

May 21st 2006: Entered the USA on a K1 visa

July 2nd 2006: Marriage ceremony

Oct 10th 2006:Received Green Card

REMOVING CONDITIONS

August 12th 2008: Sent I 751 to CSC

Dec 5th 2008: Green Card in the mail

NATURALIZATION

Dec 4th: Sent N 400

March 18th: Interview

May 24th 2011: Oath in Minneapolis. Journey is over.

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