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charlie2019

F1 getting Married with an US Citizen

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Hi everyone,

 

I started my Ph.D. studies in the U.S. in 2016. Currently, I'm holding an F1 student visa that expires in 2021.

My partner is a U.S. citizen who I meet on campus, and we're planning to get married in July 2019.

Before the wedding ceremony in the US, I will have a trip to the U.K. for a conference (May 2019) and I expect to travel more internationally during this year for academic purposes. 

Since I would like to stay in the U.S. after my Ph.D. and apply for a PR, I had some questions that could help us to better plan our next steps:

 

1.- Are there any problems if I get married within 90 days of returning to the U.S. from international travels? 

2.- After I get married, Am I allowed to travel overseas with my F1 student visa before applying for an AOS? The International Office of my university was not clear about this. 

3.- Can I apply for an AOS at any time during? Or should I do it as soon as I get married? 

 

As I'm reading other threads, I believe that I should apply for PR after I get married (July~August 2019) in order to continue traveling overseas.

 

I'd appreciate your advice and answers! Thanks for your help 

 

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It’s tricky traveling a lot in the situation you propose because:

- every time you re-enter on an F1 you have to be able to show non-immigrant intent ...but you will clearly have immigrant intent, so you risk being denied re-entry

- when you marry and apply to adjust status, you need advance parole (AP) to leave the country without your AOS being deemed abandoned; AP is typically taking 4-6 months to get these days.

 

i don’t really see a way around this without jeopardizing your status unless you hold off on traveling for a few months after the marriage. Not sure if anyone else has some creative solution.

 

Edit to add: the answer to question 1 is technically yes, but marrying a usc lets you off a few immigration hooks and this is one of them. However if CBP on your re-entry attempt  finds out you intend to marry - and whatever you do, do not lie to CBP - they can refuse you entry.

Edited by SusieQQQ

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