Engaged on an F1 visa

[connie88 0]

Hey, I am currently on an F1 visa and am engaged to a US citizen. We are getting married in December, and we are trying to figure out what visa i need and how to go about changing it. Do I need to apply for a fiance visa or a K3 visa? We are getting married right after I graduate so am i going to have to wait a while before I apply for a visa so that my F1 visa is still ok for me to finish school?

[Hell0W0rld 10]

you can marry and file for Adjustment of Status, no other VISA required.... your schooling should not be affected by this...

[Nik+Heather 122]

From my reading, what you should do is get married, and then apply to adjust status based on that marriage (before you become out of status on your F1 visa).

Since you are legally in the US, you don't need to apply for a visa to enter. This of course, assumes that you didn't enter already planning to adjust. If you've been here and studying and met and fell in love, getting married and adjusting status is something that happens a lot.

From the VJ notes on adjustment from an F1 visa:

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.

[Bobby+Umit 161]

You should have no issues.

My friend just filed for his new (student) wife.

She is still attending classes.

good luck!