Jump to content
Sign in to follow this  
dylanlove

Student visa to Marriage visa question

15 posts in this topic

Recommended Posts

I came to the US from Canada on a student visa about 3 years ago, at which time I met my boyfriend.

After the visa expired, I returned to Canada to live/work. We visited each other a lot during these last 3 years, and now want to get married. I am currently in the USA again on another student visa, which lasts for about a year (after which I have to re-apply for my second year of school). My question is this: should we get married while I am in the states, legally with a visa going to school? Will I still be able to go to school the following year? If anyone has gone through a similar case, any information would really be appreciated.

I'll probably just consult a lawyer, but I thought I'd give this a try, too.

Thank you!!

Good luck to you all :)

By the way, I am here on an F-1 student visa.

Share this post


Link to post
Share on other sites

I came to the US from Canada on a student visa about 3 years ago, at which time I met my boyfriend.

After the visa expired, I returned to Canada to live/work. We visited each other a lot during these last 3 years, and now want to get married. I am currently in the USA again on another student visa, which lasts for about a year (after which I have to re-apply for my second year of school). My question is this: should we get married while I am in the states, legally with a visa going to school? Will I still be able to go to school the following year? If anyone has gone through a similar case, any information would really be appreciated.

I'll probably just consult a lawyer, but I thought I'd give this a try, too.

Thank you!!

Good luck to you all :)

By the way, I am here on an F-1 student visa.

F-1 visa is a non-immigrant visa. You might have problems continuing your education after you get married and adjust status. It is the adjustment of status that changes the intent of your visa, so technically, you could get married on your F-1 and delay your adjustment until the end of your studies, but this might raise some eyebrows at POE if you go back to Canada during breaks, etc.

I would still talk to a lawyer about this, because timing in your situation could be important to avoid making things really difficult for you. Most people on here don't adjust from F-1 student visa, so take advice with a large grain of salt.


9/4/06 - AOS package accepted at Chicago

9/11/06 - ND AOS package

9/14/06 - NOA AOS, AP and EAD

9/16/06 - Biometrics letter received

9/18/06 - All touched

9/19/06 - AP and EAD touched

9/20/06 - RFE notice by email (verify income and employment)

9/23/06 - Biometrics

9/25/06 - NOA I-130 (finally)

9/26/06 - Touched AOS and EAD

10/4/06 - Returned RFE materials by USPS Express mail

10/5/06 - RFE materials signed for by D Atwell

10/12/06 - E-Mail notification RFE material received 10/10/06

11/3/06 - Received interview notice (for 12/18/06)

12/18/06 - Approved with letter in hand (no stamp)

1/3/07 - GC in hand Remove conditions 9/18/08

Share this post


Link to post
Share on other sites

I came to the US from Canada on a student visa about 3 years ago, at which time I met my boyfriend.

After the visa expired, I returned to Canada to live/work. We visited each other a lot during these last 3 years, and now want to get married. I am currently in the USA again on another student visa, which lasts for about a year (after which I have to re-apply for my second year of school). My question is this: should we get married while I am in the states, legally with a visa going to school? Will I still be able to go to school the following year? If anyone has gone through a similar case, any information would really be appreciated.

I'll probably just consult a lawyer, but I thought I'd give this a try, too.

Thank you!!

Good luck to you all :)

By the way, I am here on an F-1 student visa.

I married my wife when she was here on a J-1 visa. It didn't effect her abilty to continue with her education and take classes, etc....(at the time she was working on her Phd).

However, after that, the similarities between our situations end. That's because you intend to continue with your studies for another year. (My wife didn't have that long, and also left the USA for a period of time).

So, your scenerio is different and might have a few complications such as.....

1) If you stay in the USA and adjust status, I believe your visa will be canceled at a certain point, since you will be applying to "adjust" status. (Although if you become a permanent resident, then you can still take classes, and furthermore, the tuition will be cheaper, since you will no longer be a foriegn student) I just don't know what the wait time will be until you become one, and if there is any period during that process when you can not register for classes.

2) If you decide to wait to adjust status, and will keep trying to attend classes, the way you make it sound, your visa will expire BEFORE you have completed all of your studies, and then that means you'll have to reapply for another F-1....which will now be more difficult since you will be married to a US citizen. Getting another F-1 when married to a US citizen makes it more difficult to obtain one (since you'll obviously have future immigrant intent). But it is NOT impossible to get an F-1 again, even if married to a US citizen. You'll just have more hurdles to overcome to prove to the consulate you won't remain in the US.

So, it's hard to say exactly what to do. Probably what would make it things easier is to wait to get married. (But, easier said than done ;) ..............but if you DO decide to get married, you still do have options to be able to keep attending classes.

What I am not familiar with (since my wife and I did not take this route)......is if you do AOS from the USA, what it the amount of time in visa limbo...if any? (meaning, after they cancel your F-1.......what is the wait time, if any, for you to become a permanent resident, so you don't have to interrupt your classes and schedule? That part I am not sure of.

Edited by MPGGPM

April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

Share this post


Link to post
Share on other sites

When you apply for AOS your F1 is still good until the expiry date, given you don't leave the country or do something that will go against the rules of the visa (I'm not 100% sure what the rules are). The problem is once it expires you probably won't be able to renew it/extend it since you have a pending AOS and an F1 is a non-immigrant visa, and you wouldn't be able to continue your studies. You may be better off waiting until you're closer to the end of your studies.


Canadian on TN Status married to USC

07/18/06 - Forms (I-485, I-130, I-765) sent overnight to Chicago Lockbox

07/19/06 - Received Date

07/25/06 - Notice Date

07/26/06 - Cheques Cashed

07/31/06 - I-130, I-765 Added online (I-485 not online yet)

08/04/06 - Receive Appt. letter for FP/Bio

08/14/06 - FP/Bio taken / LUD on I-130, and I-765 / I-485 added online

08/18/06 - RFE sent for Tax Return stuff, which was already sent with application

08/25/06 - RFE received by me in mail

09/05/06 - RFE returned to USCIS

09/11/06 - RFE Received by USCIS

10/31/06 - InfoPass to check status on 485 and 765 - Apparently a push has been made on 765

11/06/06 - I-765 (EAD) Approved!

11/13/06 - Received EAD, Approval notice mailed for I-765?

11/20/06 - Receive Interview Letter

11/29/06 - TN Expired

01/04/07 - Interview! - APPROVED!!!!

01/22/07 - InfoPass Appt: Got I-551 stamp in passport

01/24/07 - I-485/I-130 Approval E-mails / Welcome notice sent

01/25/07 - Card ordered

01/29/07 - Received Welcome Notice/I-130 Approval

02/02/07 - Received 10 yr Green Card!!

Touches:

I-485: 08/14/06, 08/21, 09/12, 09/14, 11/11, 12/02, 12/14, 12/16, 01/25, 01/28, 01/31, 02/01

I-130: 07/31/06, 08/14, 08/19, 11/11, 12/02, 12/14, 12/16

I-765: 07/31/06, 08/14, 08/19, 11/01, 11/02, 11/07, 11/11, 11/14, 11/15, 12/02

Share this post


Link to post
Share on other sites

Well, since people are using this thread...

Both J1 and F1 are non-immigrant intent visas. To get one one needs to demonstrate willingness to leave US for the country of origin and provide evidence. If consular officer suspects immigrant intent visa is not issued.

Both J1 and F1 are typically given D/S on their I-94, that is "Duration of Status", or your status as J1/F1 alien is valid as long you did nothing to violate the status ( requirements for maintaining both are sligthly different).

Now, to the real world...

Visas are used to enter the country. Once you entered you may let visa expire - that is not unusual. Care must be taken to maintain valid status. Also, if you read into wording associated with visas, they do not grant you right to enter, but provide privilege of applying

at POE, where you would anounce to inspecting officer your non-immigrant intent. For example, being married to USC and entering US with J1/F1 is not violating conditions of visa only if you intend to use consular processing for completing your immigration. Entering with J1/F1 knowing that you will do AOS here is bad. Of course, the burden of proof that you intend to leave US for consular processing would be on you.

Anyways, what can you do?

1. You could get married here and do consular processing in Canada. Timing could be tricky. Might be worth going to K3/(IR-1/CR-1) forums right here on visajourney.com and asking around - there will be some canadians there :)

2. You could get married here and do AOS. Better sooner than later for this. Understand that you will not be able to travel with your F1 once AOS is submitted, you would need I131 for it. However, depending where you live, it could be wasted money - some I551 take around 3 months, similar to i131.

And, you can always discuss this with immigration attorney

Share this post


Link to post
Share on other sites

I was in a similar situation two and a half years ago.

I originally arrived in the US in 2000 for college on a F1 visa. I met my boyfriend-now husband during my first year of college, and we got married in June 2004, after graduation. By that time I had already gotten accepted into graduate school (applied as an international student), and was sent I-20 by the new school (my F-1 status expired I think either 2 days before or after our wedding, I can't remember).

We then chose to not travel abroad for a while - didn't want to complicate things because my status was already confusing. We immediately filed the forms to be processed for residency, got a notice of action (NOA), showed it to the school and they said ok, that they won't consider me an international student anymore, but must bring them the Green Card once I get it. We had our interview on Jan 2005 and I've been a (conditional) permanent resident since then! :) Now we are preparing to file for removal of status. So now I'm going to school as a permanent resident, rather than on the F1 (that's right, prepare to pay state taxes and such :) ).

Hope this helps.

By the way, when you file the initial forms, you also have the option to petition to go abroad.. I can't remember all the details now but you get a letter from them saying you're being processed and that you're allowed to go abroad - that is, before your interview!

Good luck whatever you decide to do! :thumbs:

I came to the US from Canada on a student visa about 3 years ago, at which time I met my boyfriend.

After the visa expired, I returned to Canada to live/work. We visited each other a lot during these last 3 years, and now want to get married. I am currently in the USA again on another student visa, which lasts for about a year (after which I have to re-apply for my second year of school). My question is this: should we get married while I am in the states, legally with a visa going to school? Will I still be able to go to school the following year? If anyone has gone through a similar case, any information would really be appreciated.

I'll probably just consult a lawyer, but I thought I'd give this a try, too.

Thank you!!

Good luck to you all :)

By the way, I am here on an F-1 student visa.

Share this post


Link to post
Share on other sites

Wow, thank you all so much for responding and helping. :P

I'm still not clear about what to do, but the suggestions and input do help and give me some ideas

(and more questions to clarify with a lawyer).

Basically the school situation is this : My school is a vocational -type , not a college or university. The

first year is 9 months, then there is a 6 month break, and another 6 months after that. What I would like is

to not have to go back to Canada during that 6 month break, but live with my partner and be able to work

here and live as a resident (I'm gathering the term is permenant resident?). And then begin school again for the next 6 month "year".

Perhaps it would make sense timing wise to marry when the first visa is almost expired (after the first 9 months) , and use that 6 month break to marry and begin the AOS and hopefully gain resident status with work and travel rights. Then I wouldn't need to apply for another F-1, but could attend school as a permenant resident. It does seem very do-able and I'm sure it will work out, I just need more certainty about right timing.

I appreciate the conversation and support :)

Thanks!

Share this post


Link to post
Share on other sites
Wow, thank you all so much for responding and helping. :P

I'm still not clear about what to do, but the suggestions and input do help and give me some ideas

(and more questions to clarify with a lawyer).

Basically the school situation is this : My school is a vocational -type , not a college or university. The

first year is 9 months, then there is a 6 month break, and another 6 months after that. What I would like is

to not have to go back to Canada during that 6 month break, but live with my partner and be able to work

here and live as a resident (I'm gathering the term is permenant resident?). And then begin school again for the next 6 month "year".

Perhaps it would make sense timing wise to marry when the first visa is almost expired (after the first 9 months) , and use that 6 month break to marry and begin the AOS and hopefully gain resident status with work and travel rights. Then I wouldn't need to apply for another F-1, but could attend school as a permenant resident. It does seem very do-able and I'm sure it will work out, I just need more certainty about right timing.

I appreciate the conversation and support :)

Thanks!

6 months should be enough time for you to go through the AOS process. It could take longer, but this could be a way for you to get everything you want. Good luck.


9/4/06 - AOS package accepted at Chicago

9/11/06 - ND AOS package

9/14/06 - NOA AOS, AP and EAD

9/16/06 - Biometrics letter received

9/18/06 - All touched

9/19/06 - AP and EAD touched

9/20/06 - RFE notice by email (verify income and employment)

9/23/06 - Biometrics

9/25/06 - NOA I-130 (finally)

9/26/06 - Touched AOS and EAD

10/4/06 - Returned RFE materials by USPS Express mail

10/5/06 - RFE materials signed for by D Atwell

10/12/06 - E-Mail notification RFE material received 10/10/06

11/3/06 - Received interview notice (for 12/18/06)

12/18/06 - Approved with letter in hand (no stamp)

1/3/07 - GC in hand Remove conditions 9/18/08

Share this post


Link to post
Share on other sites

I would not wait till the visa/status is almost expired. The sooner you start this process rolling, the better.

Look at the "Timelines" feature here at vj, choose your local office and see how long it takes for people to go through AOS. That should give your timeframe for applying.

Share this post


Link to post
Share on other sites

Hi, I agree with nemu.. the sooner the better. It also depends on which office you get processed through.

One thing I'm not sure about is your status at school. It's true that there's chances by the time school starts 6 months after you'll be having your green card already and ready to be enrolled as a permanent resident rather than an international student; but make sure everything is okay with the school before you decide not to apply for another F-1. Just tell them you're engaged and will marry soon, and ask them about your status. Some might say okay, we'll just write you down as a resident, but others might hesitate to do that until you can show them some NOA or the actual card. Just make sure they don't write you off the list because you failed to apply for another F-1 or something.. then you should be fine :)

I'm not sure you can work right away during those 6 months.. but the sooner you apply the sooner you can get the work permit and travel rights. I forget exactly how long it takes for the work permit to arrive; try to find some timelines, and then say if it takes 2 months (random, I really can't remember) to get it, then time your application such that the end of those 2 months will be right as your F-1 expires, so you'll be able to work right away and not have to wait. :)

Good luck! :D

Share this post


Link to post
Share on other sites
Perhaps it would make sense timing wise to marry when the first visa is almost expired (after the first 9 months) , and use that 6 month break to marry and begin the AOS and hopefully gain resident status with work and travel rights. Then I wouldn't need to apply for another F-1, but could attend school as a permenant resident. It does seem very do-able and I'm sure it will work out, I just need more certainty about right timing.

I appreciate the conversation and support :)

Thanks!

Why wait, then? There is nothing wrong with marrying, staying in school and applying for AOS.

I think you'll find that your issue is mainly around exiting and re-entering the US before you have your Green Card & it sounds like the F-1 is a non-starter for that function.

There is a travel document called Advance Parole for that interim time.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites

After reading around on this site, (full of good info!), I have found a few things that I just want to be clearer on...

I entered the US on an F-1 (student) visa, and if I get married soon after arriving, won't it look suspicious, like i entered with the intention of immigrating? And once I apply for AOS, while still on the F-1, won't the

F-1 become invalid and I'll be here illigally? Or at least, unable to continue going to school?

Also, my partner and I won't be living together (about 3 hours apart) while I'm going to school.

Thanks again for all the help, it's really appreciated.

(L)

Another thing....since I'm in the US already, what visa/route am I to take? Not the K-1 or K-3 I assume?

Is it...what's it called...direct consular filing??

Share this post


Link to post
Share on other sites
After reading around on this site, (full of good info!), I have found a few things that I just want to be clearer on...

I entered the US on an F-1 (student) visa, and if I get married soon after arriving, won't it look suspicious, like i entered with the intention of immigrating? And once I apply for AOS, while still on the F-1, won't the

F-1 become invalid and I'll be here illigally? Or at least, unable to continue going to school?

Also, my partner and I won't be living together (about 3 hours apart) while I'm going to school.

Thanks again for all the help, it's really appreciated.

(L)

Another thing....since I'm in the US already, what visa/route am I to take? Not the K-1 or K-3 I assume?

Is it...what's it called...direct consular filing??

Well, I'm in the same boat :) I have a short-term student visa and I got married :)

How soon after arriving are you going to get married? Make sure it's not, like, two weeks. It's better to wait at least a few months. I got married 5 months after I had come here, but we only filed AOS this month, and all this time I've maintained my F-1 status here.

F-1 does become invalid when you apply for AOS. However, this is a very grey area of the law - nothing stops you from maintaining your F-1 status while AOS is pending, and you can attend school as long as you want. In-state tuition is a different thing, though - check with your school. Most schools will want you to have been a permanent resident for at least a year to qualify for in-state tuition.

I don't know about this immigrant intent thing so far - my interview is still months away, but I'll let you know what happens. Lots of people adjust from F-1 and USCIS could care less about their intent at the POE as long as the marriage is real.

And the route you need to take is called Adjustment of Status. Direct Consular filing, K-1 or K-3 is for those outside the U.S.

Edited by silly_chick

08/24/2005 - Arrived in the U.S. as an F-1 student.

01/25/2006 - Married my LOVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

***AOS***

08/29/2006 - Medical

09/13/2006 - Package sent to Chicago

09/15/2006 - Package received in Chicago

09/23/2006 - Checks cashed

09/25/2006 - NOA for I-130, AOS and EAD

09/26/2006 - All forms touched

10/05/2006 - I-130 and EAD touched

10/10/2006 - I-130 and EAD touched again

10/10/2006 - RFE for AOS (email). Grrr...

10/11/2006 - RFE received. It's for I-864...

.png

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.
×