Getting Back into US on F-1 After Foreign Marriage Abroad

[RnD 0]

Hello,

I'm a F-1 student getting married to a US Citizen on Feb 6 2021.  We are both based in the US currently but want to do the traditional church wedding in my home country. I  was oblivious to the whole AOS process before I started the wedding planning process but I want to make sure that i am choosing the right option before choosing to get married abroad or in the US.  Here are  pretty much my options:

 

1. Do the court wedding in the US, 1 week later, travel to home country for the traditional church wedding on valid F-1 visa and STEM EAD and then come back and do the Adjustment of Status. I hope to get allowed back in based on valid F-1 visa since both my F-1 Visa and STEM EAD card expires in Jan 2022. (( I dont know if this might raise any flag with the USCIS??)

 

2. Do the traditional church wedding  in my home country and then travel back on valid F-1 Visa and STEM EAD card and do the court wedding here and apply for the Adjustment of Status ( I dont know if this might raise any flag with the USCIS??)

 

3. Abandon all wedding plans back in my home country and do the wedding in the US.

 

Any advice will be greatly appreciated. Thank you.

[Boiler 43,434]

F1 is a non immigrant visa and can not be used to re enter and adjust.

[arken 4,197]

You can do the wedding abroad and come back to continue your STEM OPT job and later on do AOS. However, your entry may not be guaranteed. The POE officer may send you back after knowing about your marriage to the US citizen if he sees the immigrant intent.

 

the best scenario would be, do the court/municipal wedding this month or so, file for i130 and AOS, get the AP and the travel to your country for wedding ceremony. If they don’t allow you to enter back on F1, you can use AP to enter.

 

Anyway, if you are allowed back on F1, it will cause no issues with uscis later on.

Edited February 4, 2020 by arken

[Boiler 43,434]

A re read of the VJ ToS looks in order.

[Mike E 11,723]

Options 1 and 2 are illegal because you will be entering the USA as in intending immigrant under a non-immigrant status. Even if you are re-admitted, there is a chance your AOS will be denied and you will be banned.  I know this disagrees with another answer, but my answer is based in b what an immigration attorney told me when I was in a similar situation.  
 

Since you intend to immigrate you might as well get married today.  

Edited February 4, 2020 by Mike E

[Dashinka 23,245]

I agree with @Boiler and @Mike E options 1 and 2 are illegal as you will, requesting entry using a non-immigrant visa for, the purposes of immigrating.  3 is your only option since, you are already in the US.

 

Good Luck!

[Crazy Cat 39,233]

36 minutes ago, RnD said:

Hello,

I'm a F-1 student getting married to a US Citizen on Feb 6 2021.  We are both based in the US currently but want to do the traditional church wedding in my home country. I  was oblivious to the whole AOS process before I started the wedding planning process but I want to make sure that i am choosing the right option before choosing to get married abroad or in the US.  Here are  pretty much my options:

 

1. Do the court wedding in the US, 1 week later, travel to home country for the traditional church wedding on valid F-1 visa and STEM EAD and then come back and do the Adjustment of Status. I hope to get allowed back in based on valid F-1 visa since both my F-1 Visa and STEM EAD card expires in Jan 2022. (( I dont know if this might raise any flag with the USCIS??)

 

2. Do the traditional church wedding  in my home country and then travel back on valid F-1 Visa and STEM EAD card and do the court wedding here and apply for the Adjustment of Status ( I dont know if this might raise any flag with the USCIS??)

 

3. Abandon all wedding plans back in my home country and do the wedding in the US.

 

Any advice will be greatly appreciated. Thank you.

Entering the US via a non-immigrant visa with the intent to stay and adjust status is visa fraud.......

[Marieke H 2,306]

Option 3 is your only legal option. 

[SorrowL 138]

If you plan on getting married in 2021, you’ll have to use either a K-1 or a IR/CR-1 visa if you wish to permanently stay in the US through your spouse. What you suggest is in violation of federal immigration law and can have major repercussions for you.

 

Honestly I think your best option is CR-1. I think a smooth method would be:

 

marry your spouse in the US, have them file I-130. Leave the United States at the end of your F-1 visa. Perform a “renewal of vows” in your home country church with your spouse. You can still visit your spouse with a tourist visa/ESTA between applying and issuance of the CR-1. Once you complete NVC processing, attend your visa interview in your designated country of citizenship or residence.

 

However you do it is your business, but this would give you immediate LPR status, with travel and work rights. 
 

Good luck with your journey. 

Edited February 5, 2020 by SorrowL

[SusieQQQ 11,584]

41 minutes ago, SorrowL said:

If you plan on getting married in 2021, you’ll have to use either a K-1 or a IR/CR-1 visa if you wish to permanently stay in the US through your spouse. What you suggest is in violation of federal immigration law and can have major repercussions for you.

 

Honestly I think your best option is CR-1. I think a smooth method would be:

 

marry your spouse in the US, have them file I-130. Leave the United States at the end of your F-1 visa. Perform a “renewal of vows” in your home country church with your spouse. You can still visit your spouse with a tourist visa/ESTA between applying and issuance of the CR-1. Once you complete NVC processing, attend your visa interview in your designated country of citizenship or residence.

 

However you do it is your business, but this would give you immediate LPR status, with travel and work rights. 
 

Good luck with your journey. 

As OP is already in the US, why is this better than his option 3 in first post - just staying, getting married and adjusting? He can do whatever he needs to do in the US on existing status, or travel /work on AP/EAD when they arrive, before the AOS interview takes place so there won’t be disruption to life here. 

Edited February 5, 2020 by SusieQQQ

[Duke & Marie 1,389]

1 and 2 are not permitted and are classified as immigration fraud.. 3 is your only legal option provided you don’t travel home before getting married and re-enter because that would then also become immigration fraud.. 

 

2021 is a long way off, so no traveling home for visits pre wedding under option 3

Edited February 5, 2020 by Duke & Marie

[Murph4865 597]

19 hours ago, RnD said:

Hello,

I'm a F-1 student getting married to a US Citizen on Feb 6 2021.  We are both based in the US currently but want to do the traditional church wedding in my home country. I  was oblivious to the whole AOS process before I started the wedding planning process but I want to make sure that i am choosing the right option before choosing to get married abroad or in the US.  Here are  pretty much my options:

 

1. Do the court wedding in the US, 1 week later, travel to home country for the traditional church wedding on valid F-1 visa and STEM EAD and then come back and do the Adjustment of Status. I hope to get allowed back in based on valid F-1 visa since both my F-1 Visa and STEM EAD card expires in Jan 2022. (( I dont know if this might raise any flag with the USCIS??)

 

2. Do the traditional church wedding  in my home country and then travel back on valid F-1 Visa and STEM EAD card and do the court wedding here and apply for the Adjustment of Status ( I dont know if this might raise any flag with the USCIS??)

 

3. Abandon all wedding plans back in my home country and do the wedding in the US.

 

Any advice will be greatly appreciated. Thank you.

Once you do the marriage routine ( CR 1 ) you do not do a AOS it is a ROC ( removal of condition ) if you are married less then 2 years when approved if after 2 years of marriage when the spouse enters USA then I believe there is no ROC it would be considered a IR 1 at that point. 

[designguy 1,179]

19 hours ago, arken said:

You can do the wedding abroad and come back to continue your STEM OPT job and later on do AOS. However, your entry may not be guaranteed. The POE officer may send you back after knowing about your marriage to the US citizen if he sees the immigrant intent.

This is incorrect. That would be entering with the intent to AOS just is illegal even if their "co-intention" is to continue their OPT job. Discussing AOS is clearly establishing intent now

[Rosalind F 178]

OP, it is very strongly preferred that you don't leave the US because you cannot use F-1 visa (which is for education) to enter US with intent to adjust status.

Just wait till you get the Advance Parole document from your Adjustment of Status process (even though it can be long before you get but you will be all clear)

[Dashinka 23,245]

Hmm, maybe the OP did not like the advice.