Jump to content
Sign in to follow this  
at-at

Marriage/AOS on F1 visa

14 posts in this topic

Recommended Posts

Filed: Country: China
Timeline

Hi everybody.

So... I'm looking for a little info on what happens if a person gets married on an F1 student visa. I am a US citizen and my girlfriend, who is a Chinese citizen and currently in China, will be coming here as a student in a couple months. I would like to know what happens if we decide to get married while she is here. I understand that it is possible to adjust status from an F1. In specific, is there a certain period you should wait to avoid any issues? I see no reason not to move forward quickly, but would that cause any problems for us?

Thanks for any advice.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

My understanding is that if you enter the USA with any visa other than a K-1 with the premeditatedintention of getting married and staying here there is the potential that you can be deported and banned from ever entering the USA again.

When we found this out we decided to go the K-1 route :innocent: , for us it was better safe then banned!

IMHO you really want to do all of your homework before you decide what you are going to do.


07/16/07 posted I-129f

07/20/07 confirmed delivered by US Postal Service

8/23/07 No NOA1 !!!!

8/23/07 phoned USCIS (told they can't help until after 90 days)

8/23/07 contacted bank to get copy of Cx check...illegable...noc WAC#

tried for weeks to get actual check....not possible, had to wait the 90 days for info from USCIS

10/17/07 Phoned USCIS, got thru (!), got WAC number and NOA1 date!!!!

07/26/07 NOA1 (never recieved hard copy, was promised a copy would be sent)

11/01/07 Ordered copy of "long form" UK B.C.

11/05/07 Recieved B.C. (Wish USCIS was that fast!)

11/09/07 Submitted request for UK police records

12/04/07 APPROVED By USCIS NOA2 letter sent (or so they claim)

12/15/07 Police certificate recieved

12/28/07 Called NVC, not in system

01/04/08 petition forwarded to London

01/12/08 packet 3 received *rubs eye in disbelief* Speed and efficiency, can it be?

01/18/08 HARD COPY OF NOA2 ARRIVED...seems the snail made a wrong turn somewhere.

01/28/08 Returned packet 3 to London Embassy

02/12/08 Medical completed...no problem.

02/13/08 Packet 4 received from London Embassy

03/03/08 Embassy Interview

03/06/08 Visa Arrived....Lovely to finally see it even if it is a bit drab...after 8 month you think they'd have sprung for some gold foil or at least a COLOR photo?

TODAY...he's here! He's in the US! Hurrah!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

If I was reviewing your case I would deny it, I would see that she entered on an F1 never went to school and instead got married and is trying to adjust status. Clearly trying to get around immigration.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites
Filed: Country: Myanmar
Timeline

I just looked some stuff up on this. She can marry you following the rules of the court house in which you get your marriage certificate. You won't need to change to a K-1 visa. You can double check, but I'm 95% sure that's correct. Also she can apply for a permanent residence green card after you get married, but I'm not sure of the whole process involved in that.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

I just looked some stuff up on this. She can marry you following the rules of the court house in which you get your marriage certificate. You won't need to change to a K-1 visa. You can double check, but I'm 95% sure that's correct. Also she can apply for a permanent residence green card after you get married, but I'm not sure of the whole process involved in that.

Yes, they can get married...the court house does not give a hoot!

The part in red (above)...that is the important part and there maybe seriousPOTENTIAL CONSEQUENCES if she is entering the country on a student visa with the INTENTION to get married and stay in the USA. It is entering the country under false pretenses and it is breaking the law and they really need to take this into consideration because if it can result in a PERMANENT BAN from the USA, then it could force some very hard life altering decisions on them.


07/16/07 posted I-129f

07/20/07 confirmed delivered by US Postal Service

8/23/07 No NOA1 !!!!

8/23/07 phoned USCIS (told they can't help until after 90 days)

8/23/07 contacted bank to get copy of Cx check...illegable...noc WAC#

tried for weeks to get actual check....not possible, had to wait the 90 days for info from USCIS

10/17/07 Phoned USCIS, got thru (!), got WAC number and NOA1 date!!!!

07/26/07 NOA1 (never recieved hard copy, was promised a copy would be sent)

11/01/07 Ordered copy of "long form" UK B.C.

11/05/07 Recieved B.C. (Wish USCIS was that fast!)

11/09/07 Submitted request for UK police records

12/04/07 APPROVED By USCIS NOA2 letter sent (or so they claim)

12/15/07 Police certificate recieved

12/28/07 Called NVC, not in system

01/04/08 petition forwarded to London

01/12/08 packet 3 received *rubs eye in disbelief* Speed and efficiency, can it be?

01/18/08 HARD COPY OF NOA2 ARRIVED...seems the snail made a wrong turn somewhere.

01/28/08 Returned packet 3 to London Embassy

02/12/08 Medical completed...no problem.

02/13/08 Packet 4 received from London Embassy

03/03/08 Embassy Interview

03/06/08 Visa Arrived....Lovely to finally see it even if it is a bit drab...after 8 month you think they'd have sprung for some gold foil or at least a COLOR photo?

TODAY...he's here! He's in the US! Hurrah!

Share this post


Link to post
Share on other sites
Filed: Country: Nigeria
Timeline

OP this is a fraud you are asking VJ members to help you perpetuate. If you want your woman here with you, you need to go through the normal route. Do not ask us to be your accomplice on this fraud. VJ members help people in a legal immigration bind not those who are trying to cheat the system. Please, do it the right way ...K-1 or IR-1/CR-1.

Share this post


Link to post
Share on other sites

She is still going to study right? You mean get married aside from studying?


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

There are many many international students with F-1 visa get married to the US citizens and adjust their status legally while they study in the university. The thing you may corncern is that not marrying your girlfriend righ after she gets into school. Holding it for a while to avoid being thought as a fraud. Therefore she is there for studying first and byproduct is get married.

Share this post


Link to post
Share on other sites
Filed: Country: China
Timeline

That's what I was thinking, that it would be better to wait a while to avoid any suspicion... I don't really think it's fraud if it's her intention to come to the US to study, and she's actually doing that when I ask her to marry me, but I know bureaucracy might not see it that way. I heard that it's better to wait 60 days if the same situation happens when the person is on a tourist visa, for example. I understand the consequences are very serious, which was why I was asking this question. Let me know if anybody has actually done this or has any further feedback.

Thanks!

Edited by at-at

Share this post


Link to post
Share on other sites

Our lawyer suggested that to us once.. because I am attending grad school this fall. But we filed k1 anyway so it doesnt matter now. Anyway she said 90 days and not 60 days, and make sure she still attends school! Anyway I do remember her clearly saying that because it was one of our options. Having said that, we still did not go thru with it and decided with k1 because it is the safest route :)


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Algeria
Timeline

It is not fraud to adjust status from an F1 visa. However, it is fraud to enter the USA with the intent of immigrating on an F1 visa. She is planning on attending school correct? And staying in school after you are married? Are you already engaged? I would not have her enter, attend school for a very short period of time, get married and she drops out, and then try to AOS. I don't know what, if any, of those y'all are planning on, but that would be a red flag for sure. Good luck!


02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Share this post


Link to post
Share on other sites
Filed: Timeline

Thank you for the feedback!

I'm in a similar situation, except my GF is from South Korea. If she came and went to school (on F1 visa) for at least a year, and then we decided to get married, and then adjust her status, would there be any problems?

Share this post


Link to post
Share on other sites

I'm in a similar situation, except my GF is from South Korea. If she came and went to school (on F1 visa) for at least a year, and then we decided to get married, and then adjust her status, would there be any problems?

none.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...