Complicated AOS from F1?

[osugirl 0]

i understand your feeling but "no-win" and "seriousness of relationship" shouldn't go together in one sentence :-)

you are planning on getting married, so congratulations first of all!

the small but - if you are planning on adjusting status based on a marriage he can not enter with the F1. thats not the purpose of the visa.

This is a great forum with helpful people. Thank you. Your input and advice has been very valuable. Now we can make sure that everything is done correctly. Our future is not something we want to put at risk.

[Mike Z 8]

From my point of view, someone please correct me if I am wrong, the fact that you both have the intent to get married now, I wouldn't suggest him entering the country again on his F-1 visa and that's because there is the "intent" already.

As far as I understand, "Intent" refers to the Intent of Immigrating/AOS.

The intent to marry alone should not be a problem if there is no intent to immigrate. Obviously marriage is making you eligible for AOS making this a hard pitch at POE saying I just want to marry but not immigrate.

(also please correct if im wrong)

/ edit - funny, similar comment/idea was just mentioned by someone in a different thread. (with a better explanation :-) )

http://www.visajourney.com/forums/topic/366914-marriage-on-visit-via/page__st__30

Edited May 9, 2012 by Mike Z

[ceadsearc 515]

Yes, marriage is totally fine, adjusting is then the issue.

OP, your fiancé could renew his F-1, come back, you get married, he will go to school as planned, and in the meantime you file for a CR-1 spousal visa. He can remain in the country while it is processing as long as he is here legally and just return at the end of the process for his interview and wait for his approval there. It would cut down your time apart significantly. He would have to stay in status while here, though.

[bigdog 376]

If he has to leave for family reasons I would return as a K-1, which it seems your intent to marry.

[osugirl 0]

He left for spring quarter due to temporary financial issues, which have been resolved. His brother recently graduated with his master's degree and just found employment which will serve to continue to fund my boyfriend's education. (I appreciate that you all call him my fiance, but we are not officially engaged at this point. :-) ) This was the expected and planned resolution to the temporary money flow issue.

He just received an email from his academic advisor strongly suggesting that he return for summer term. He started a 3-course series in the fall and has one course to complete to finish the series. The advisor stated that the final course is being offered this summer and after that they have changed programming and thus returning in the fall with result in wasted time and money.

He also told me that his parents want him to complete his MBA program before considering marriage. This is cultural for them. His oldest brother was not given blessing to marry until after his PhD and his brother who just completed his master's is still single at age 31 due to this stipulation.

I am glad I came here and got some initial education on this subject, but it appears my question will not have immediate application. He will be returning for summer term for the sole and only purpose of going to school. I will continue to stay educated on legal options, as it appears the issue will need to be readdressed in approximately 2 years when her earns his degree and is able to gain his parents' blessing.