F1 STEM OPT, getting married in France, adjusting status later?

[Boiler 43,741]

How is that different from for example wanting to visit Disneyland - and then adjusting.

 

As you are in the US Marry file to adjust, no visa involved and then travel with AP.

 

My vote is always for the simple solution.

[Dashinka 23,375]

3 minutes ago, DrBobbie24 said:

Is it wrong to say that my true purpose is my job? The AOS is secondary... But I guess that could be seen as a lie by omission as Mike mentioned.

I'm in Wisconsin. I'm guessing that in any case, filing for an immigrant visa would still mean staying in the US the whole time. How would that be different/better than filing for AOS right away?

Filing for an immigrant visa requires consular processing back in your home country.  

[manyfudge 273]

9 minutes ago, DrBobbie24 said:

n. I'm guessing that in any case, filing for an immigrant visa would still mean staying in the US the whole time.

No, it depends on what path you take.

 

Scenario 1:

get married here without having left in the interim, file I-130 and AOS together, do not leave until you have received AP

 

Scenario 2:

 

get married here, file ONLY i-130 and select consular processing.  You may or may not be admitted back on your student visa if you leave the US before you are called for your consular interview.

 

Scenario 3:

 

same as 2 except you leave to get married in France. 

[DrBobbie24 0]

10 minutes ago, Boiler said:

As you are in the US Marry file to adjust, no visa involved and then travel with AP.

 

My vote is always for the simple solution.

It does sound easier but it does come with the no travel for 8-10 months until AP, correct?

 

If we were to go to France, NOT get married (but maybe have a party with our families), come back, and later this fall or maybe next spring decide to officially get married in the US, would that still count as reentering with intent?

[Mike E 11,727]

16 minutes ago, DrBobbie24 said:

Is it wrong to say that my true purpose is my job? The AOS is secondary... But I guess that could be seen as a lie by omission as Mike mentioned.

That is not a lie by omission. It is a total lie.

 

16 minutes ago, DrBobbie24 said:

 

I'm in Wisconsin.

Then you can marry next week and file an I-485 package then. 

16 minutes ago, DrBobbie24 said:

 

How would that be different/better than filing for AOS right away?

?

[Boiler 43,741]

6 minutes ago, DrBobbie24 said:

It does sound easier but it does come with the no travel for 8-10 months until AP, correct?

 

If we were to go to France, NOT get married (but maybe have a party with our families), come back, and later this fall or maybe next spring decide to officially get married in the US, would that still count as reentering with intent?

 

You are on STEM OPT! You know the answer. I am not going there.

 

I have an idea how long the average AP is taking for those getting them recently, how long your one will take, what the average will be then I do not know, usually they are not quick.

 

 

[Mike E 11,727]

30 minutes ago, DrBobbie24 said:

If we were to go to France, NOT get married (but maybe have a party with our families), come back, and later this fall or maybe next spring decide to officially get married in the US, would that still count as reentering with intent?

When you intend to file I-485 and then enter the U.S., you have immigration intent. 
 

Did you know your future spouse before you applied for your F-1 visa?

[Redro 4,602]

51 minutes ago, DrBobbie24 said:

Is it wrong to say that my true purpose is my job? The AOS is secondary... But I guess that could be seen as a lie by omission as Mike mentioned.

I'm in Wisconsin. I'm guessing that in any case, filing for an immigrant visa would still mean staying in the US the whole time. How would that be different/better than filing for AOS right away?

If AOS is secondary, that means it is not important at all and you are intending to go back to France once your job is over and OPT expires. 

35 minutes ago, DrBobbie24 said:

It does sound easier but it does come with the no travel for 8-10 months until AP, correct?

 

If we were to go to France, NOT get married (but maybe have a party with our families), come back, and later this fall or maybe next spring decide to officially get married in the US, would that still count as reentering with intent?

What is more important: 

Remaining in the US and not being separated from your USC partner 

or 

Having a party/wedding in France this summer?

Edited July 8, 2023 by Redro

[SalishSea 16,900]

1 hour ago, DrBobbie24 said:

That would mean filing from France though, correct? 

 

I probably misunderstood the lawyer I talked to but I'm guessing not mentioning it to the border agent isn't an option, correct? I'm sorry I know I'm probably asking silly questions I already know the answer to just in case...

Correct, lying to CBP is NOT an option.

 

Your entire plan is FRAUD.   Please reconsider ruining your future this way.

[manyfudge 273]

1 hour ago, DrBobbie24 said:

spring decide to officially get married in the US, would that still count as reentering with intent?

Yes, if you subsequently file to adjust.

 

But you can file i130 with consular processing.

[carmel34 3,538]

You can't make plans for travel and marriage to France and then try to find a workaround given US immigration law.  It doesn't work that way and can lead to problems for you down the road, so why jeopardize your ability to stay in the US?  The timelines and paths for you to become a legal permanent resident have been laid out clearly in response to your questions.  You and your significant other have some decisions to make given those options and their estimated timelines, which are out of your control.  Learn and research all of this for yourself, and make a decision that is legal.  Your travel and marriage plans may have to be adjusted to align with the law and the slow, inefficient US immigration bureaucracy.  If you decide to use an attorney, I suggest that you find one that is competent and knowledgeable in US immigration law.  Good luck!

[Crazy Cat 39,646]

5 hours ago, DrBobbie24 said:

Is there an option where we don't adjust the status about getting married? Maybe wait 6 months? Would that make any difference?

How would 6 months change the intent you had when you entered the US?  It is illegal to enter the US via a non-immigrant visa with the intent to adjust status later.  You are trying to play word games.  

Edited July 8, 2023 by Crazy Cat

[Crazy Cat 39,646]

4 hours ago, DrBobbie24 said:

If we were to go to France, NOT get married (but maybe have a party with our families), come back, and later this fall or maybe next spring decide to officially get married in the US, would that still count as reentering with intent?

If you plan to adjust status, of course, it would. 

Edited July 8, 2023 by Crazy Cat

[Muri&Jim 3]

I recommend you don't take the risk. Get married here, adjust status and wait for AP. It's better to wait for the party in France, than missing all your chances to be with the person you love, times goes fast.