Getting engaged to US citizen while on F-1 and traveling abroad

[Dramallamas 0]

Hello,

 

I am a U.S. citizen that is planning to propose to my partner who is on an F-1 visa. I am thinking of proposing on an international trip that we are taking together or perhaps in October/November, though this would be before we would travel to Europe for a few weeks. 
 

If I propose and she re-enters the country with her F-1 (i.e. I propose during our an international trip or propose before we go on a trip) would this cause any issue or be considered in bad faith when she is re-entering in the F-1? She is just about to start her 3rd out of 4 years in her doctorate program, so that still would be her intent to return to the U.S. 

 

Thank you for any help. Most resources speak about what to do after marriage to adjust status, but I have found little to no information for restrictions based on my partner being my fiancé and also an F-1 student.

[Crazy Cat 39,676]

Where is she right now?  She cannot enter the US via a non-immigrant visa with intent to stay and adjust status. 

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited August 8, 2022 by Crazy Cat

[Rocio0010 5,573]

22 minutes ago, Dramallamas said:

would this cause any issue or be considered in bad faith when she is re-entering in the F-1?

Yep. Entering the US with a non immigrant visa with the intent of staying and adjusting is fraud. You have three options:

1) you propose while she’s here, you get married and she adjusts her status in the US (keep in mind that during the adjustment of status she shouldn’t exit the US without advanced parole; if she does so, her application will be abandoned, she’s stuck outside and having to start all over). She won’t be able to work until she gets her work permit (she can still do some on campus jobs):

2) Propose now, she leaves the country and you file for a K1; once it is approved, she comes back to the US and files for AOS.

3) propose and get married (in the US or elsewhere), she goes to her home country while you file for a CR1.

The advantages of doing 2 or 3 were listed by @Crazy Cat above. Good luck!

[Dramallamas 0]

Thank you both for your replies. To answer @Crazy Cat’s question: She is currently in the U.S. for study, and would be for completion if her Ph.D program (ending in 2024). We both will be traveling for academic conferences this year, so it sounds like it may be best to wait until at least her international travel obligations die down to propose while in the US. Options 2 & 3 certainly are interesting, but she will need to be in the U.S. to defend her thesis and complete her degree over the next 2 years regardless of whether she would be my fiancè. 
 

Again, thank you both for your answers. This is incredibly helpful, as I do not want to put my partner’s studies in jeopardy. 

[carmel34 3,538]

9 hours ago, Dramallamas said:

We both will be traveling for academic conferences this year, so it sounds like it may be best to wait until at least her international travel obligations die down to propose while in the US. Options 2 & 3 certainly are interesting, but she will need to be in the U.S. to defend her thesis and complete her degree over the next 2 years regardless of whether she would be my fiancè.

Be aware that when she returns to the US on the F-1 visa, she could be questioned by CBP about her intentions to return to her home country when her program of studies is completed in two years.  It doesn't matter if she is your fiancée or not, if she is asked about having a boyfriend or significant other in the US, she should answer truthfully.  Entry to the US with a visa is always at the discretion of the CBP officer, and entering the US with a non-immigrant visa (such as an F-1, B-2, or ESTA), with the intention of staying, marrying you, and adjusting status, is immigration fraud.

[lovinglive 24]

On 8/7/2022 at 10:50 PM, Dramallamas said:

Thank you both for your replies. To answer @Crazy Cat’s question: She is currently in the U.S. for study, and would be for completion if her Ph.D program (ending in 2024). We both will be traveling for academic conferences this year, so it sounds like it may be best to wait until at least her international travel obligations die down to propose while in the US. Options 2 & 3 certainly are interesting, but she will need to be in the U.S. to defend her thesis and complete her degree over the next 2 years regardless of whether she would be my fiancè. 
 

Again, thank you both for your answers. This is incredibly helpful, as I do not want to put my partner’s studies in jeopardy. 

You could also just get married, either in the US or elsewhere, and then she completes her PhD in 2024.  Then when that process is finished, you apply for a spousal visa (CR-1) from outside the country.

 

From what I understand, your partner would not be legally allowed to study while she is waiting for a work permit as part of the adjustment of status process.

[Chancy 6,233]

13 hours ago, lovinglive said:

From what I understand, your partner would not be legally allowed to study while she is waiting for a work permit as part of the adjustment of status process.

 

Studying while adjusting status is allowed by the federal government, even without work permit.  The problem is that some colleges or universities may charge international student tuition rates if the student is not able to present proof of legal residence in the state.  Probably not an issue for the OP since their partner is already an international student.

 

Edited August 9, 2022 by Chancy
clarification

[lovinglive 24]

11 hours ago, Chancy said:

 

Studying while adjusting status is allowed by the federal government, even without work permit.  The problem is that some colleges or universities may charge international student tuition rates if the student is not able to present proof of legal residence in the state.  Probably not an issue for the OP since their partner is already an international student.

 

OK, good, thanks for explaining.  That's good to know!