Marriage/AOS on F1 visa

[at-at 0]

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.

[Bforbarree 4]

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 , 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.

[Inky 1,110]

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.

[nikkig50 0]

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.

[Bforbarree 4]

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.

[Tero 105]

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.

[Messybrownhair 251]

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

[xiaozhu 4]

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.

[at-at 0]

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 January 31, 2011 by at-at

[Messybrownhair 251]

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

[katgrl 14]

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!

[at-at 0]

Thank you for the feedback!

[Dereklee003 2]

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?

[Bobby+Umit 161]

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.