Traveling without filing. Student (F1) & just married

[mg1227 0]

Hi all,

I am on a F1 visa and haven't filed yet for my green card because my husband didn't have a job. We married 6 months ago. He recently got his dream job (he will start tomorrow!), so we decided to buy plane tickets for me to visit my family for a couple of weeks before starting the process. I am changing my name in all documents, but because the material for passports is scarce in my country, Venezuela, instead of my name changed on it, I just got a stamp saying that I am married to so, date of our marriage, and license marriage number (the stamp is in Spanish, though!). So, the passport still features my maiden name.

My question is, Will I have any troubles coming in the US? We just heard that because we did not file within 2 or 3 months after getting married I can be in trouble when trying to come back and they even can make me go back to my country.

My status situation allows me to travel without problems but, according to my friends, the fact that I got married, changed my name, and haven't filed can be an impediment to get again into the US.

Please, I would greatly appreciate some insight...

Regards,

MG

[Aniomaman 0]

Hi all,

I am on a F1 visa and haven't filed yet for my green card because my husband didn't have a job. We married 6 months ago. He recently got his dream job (he will start tomorrow!), so we decided to buy plane tickets for me to visit my family for a couple of weeks before starting the process. I am changing my name in all documents, but because the material for passports is scarce in my country, Venezuela, instead of my name changed on it, I just got a stamp saying that I am married to so, date of our marriage, and license marriage number (the stamp is in Spanish, though!). So, the passport still features my maiden name.

My question is, Will I have any troubles coming in the US? We just heard that because we did not file within 2 or 3 months after getting married I can be in trouble when trying to come back and they even can make me go back to my country.

My status situation allows me to travel without problems but, according to my friends, the fact that I got married, changed my name, and haven't filed can be an impediment to get again into the US.

Please, I would greatly appreciate some insight...

Regards,

MG

It's risky taking the trip and I would advice you against it until you have filed and adjusted your status. Since you are married, you now an intended immigrant which means your F1 no longer covers you. All the best.

[Philosykos 0]

You should definitely not travel. You would reenter with an intent to file for the greencard afterwards, and they consider that visa fraud. Since you changed your name, you can't even try to hide the fact that you are married (and I wouldn't advise trying to hide anything anyways). I think they would definitely turn you away at immigration at the airport, and tell you to go back to your home country and file for a spouse visa, which can take a year. So file for AOS asap, and don't leave the country before you have your greencard. I know it sucks, but at least you are lucky to have gotten around the K-visa misery.

Best wishes!

Edited June 7, 2009 by Philosykos

[motu 5]

You can't expect to come back on your Student Visa - I will give you less than 25% chance - but some others have done it, so be aware it can be done - hopefully the port of entry officer can be satisfied that your student visa is still valid and you can explain about the married name, if asked. But I would suggest to not travel without your greencard. Good Luck

[mg1227 0]

Thank very much to all of you! I will start looking at canceling my flight...

[panpan 0]

I am also a F-1 student, I have a further question:

If F-1 gets married and applied for AOS, he/she loses the F-1 status. What is his/her AOS got denied, can he or she still finish school on F-1 visa? or he / she has to quit school and go back to homeland?

Thank very much to all of you! I will start looking at canceling my flight...

[Inna 0]

I am also a F-1 student, I have a further question:

If F-1 gets married and applied for AOS, he/she loses the F-1 status. What is his/her AOS got denied, can he or she still finish school on F-1 visa? or he / she has to quit school and go back to homeland?

As a matter of fact, when you apply for AOS through marriage, you don't "loose" your F-1 status; you still have to go to school and be a full-time student until you get your green card. I'm going to go through AOS process filing soon, so I went to an international student advisor at at my school to ask if I could take fewer classes in the fall, and she explained that the reason why it's required to stay on your F-1 status is exactly the chance of you AOS getting denied!

Edited June 10, 2009 by Inna

[Inna 0]

Yeah, there is always a chance that your visa would get denied and they don't usually explain the reason. However, there are many nuances which would effect their decision. If you really want to go visit home this summer, look at these aspects:

-When was the last time you entered the country and how long was your visa issued for.Usually they issue a visa for a year,and you are abe to travel abroad within this year Your I-94, though (the white card given to you during the flight) normally is issued for "the duration os status". It means you can stay in the U.S. as long as you go to school for no longer than 5 years. However, if you leave the country, you have to apply for F-1 visa again at your home country and you need to provide same documentation as you did the first time. Usually you can request a letter from school stating that you are enrolled in school for the next semester, that would increase your chances of getting a visa.

- I don't think your passport would even matter in this case. When you go back home though, I quess you should translate your marriage certificate and take it to the passport establishment, so that they can change your passport. I wouldn't be concerned about the passport issue. The government here does not care if you are married and would not give you any benefits before you apply for the green card.

When you do it, you can file the form I-131 Advance Parole which allows you to travel outside the U.S. for a year while your application is pending. You can apply for it concurrently with your AOS packet, and usually it take between 2 to 3 months to get the advance parole.

Let me know if you have any other questions or concerns, I would be happy to help or explain!Good luck!

Edited June 10, 2009 by Inna

[panpan 0]

so after we send out AOS, we are still on F-1? I thought our status should be " AOS Pending", which can can be good look on the resume to find job than F-1.

also I guess once we use AP and EAD, then F-1 is over!

I am also a F-1 student, I have a further question:

If F-1 gets married and applied for AOS, he/she loses the F-1 status. What is his/her AOS got denied, can he or she still finish school on F-1 visa? or he / she has to quit school and go back to homeland?

As a matter of fact, when you apply for AOS through marriage, you don't "loose" your F-1 status; you still have to go to school and be a full-time student until you get your green card. I'm going to go through AOS process filing soon, so I went to an international student advisor at at my school to ask if I could take fewer classes in the fall, and she explained that the reason why it's required to stay on your F-1 status is exactly the chance of you AOS getting denied!

[Inna 0]

I guess you could just call it F-1 student/ adjustment applicant status then But I know it's a federal law that you have to remain a full-time student while AOS is pending.