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RnD

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

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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.

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Filed: K-1 Visa Country: Wales
Timeline

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Nepal
Timeline

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 by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: K-1 Visa Country: Wales
Timeline

A re read of the VJ ToS looks in order.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Myanmar
Timeline

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 by Mike E

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Filed: Citizen (apr) Country: Russia
Timeline

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!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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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 by SorrowL

visa Issued

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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 by SusieQQQ

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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 by Duke & Marie

IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Scheduled for 24 March 2021

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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. 

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Filed: EB-3 Visa Country: Germany
Timeline
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

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Filed: AOS (apr) Country: Russia
Timeline

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)


Science is not a liberal conspiracy.

 

Our immigration journey 

 

Spoiler

 01/02/2018 Started dating 

01/21/2019 Got engaged

04/08/2019 Got married

06/17/2019 AOS package sent

06/19/2019 Package delivered

06/24/2019 Card charged 

06/25/2019 Text notifications (no email!)

07/03/2019 Received NOA1 for I-485, I-130, I-765, I-131 (dated 06/25/2019)

07/20/2019 Received biometrics appointment letter (dated 07/12/2019)

07/31/2019 Biometrics

09/03/2019 Received interview notice

10/10/2019 Interview

10/11/2019 Case approved! :star:

10/16/2019 "Card was mailed" case status update

10/17/2019 Received tracking number for the green card in mail

10/18/2019 Green card in hand! 

Pause till 2021! 😺

 

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Filed: Citizen (apr) Country: Russia
Timeline

Hmm, maybe the OP did not like the advice.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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