F1 student marrying US citizen but want to avoid immigrant intent

[anonHippo 0]

I am an Indian citizen born in India. I am currently on Stem OPT valid until July 2026. I want to get married to my US citizen fiance in January 2026 in the US and then have a religious ceremony in India in May 2026. I also have a couple of international travel plans for work until September 2025.

I want to figure out the best way for me to do all this without falling afoul of the 'immigrant intent' test when returning to the US after getting married. I believe I have a strong case for O1A - would switching to this visa when I go to India in May 2026 help? Would it be difficult to get the O1 visa since I will be married to an US citizen at the time? To be honest, I don't even know if I eventually want a green card or settle in the US permanently, but USCIS will presume immigrant intent.

[OldUser 9,295]

31 minutes ago, anonHippo said:

I am an Indian citizen born in India. I am currently on Stem OPT valid until July 2026. I want to get married to my US citizen fiance in January 2026 in the US and then have a religious ceremony in India in May 2026.

One way to deal with it is to postpone ceremony in India until you get GC. Then you can travel anywhere without worrying about having immigrant intent when returning to the US.

Edited May 17 by OldUser

[JeanneAdil 6,987]

if you travel international in 2025 and knowingly intend to marry in US in 2026 ,  u have to answer that question truthfully at POE

you have immigrant intent 

[pushbrk 13,501]

On 5/17/2025 at 10:54 AM, anonHippo said:

I am an Indian citizen born in India. I am currently on Stem OPT valid until July 2026. I want to get married to my US citizen fiance in January 2026 in the US and then have a religious ceremony in India in May 2026. I also have a couple of international travel plans for work until September 2025.

I want to figure out the best way for me to do all this without falling afoul of the 'immigrant intent' test when returning to the US after getting married. I believe I have a strong case for O1A - would switching to this visa when I go to India in May 2026 help? Would it be difficult to get the O1 visa since I will be married to an US citizen at the time? To be honest, I don't even know if I eventually want a green card or settle in the US permanently, but USCIS will presume immigrant intent.

Your US immigration status and travel plans don't match.  You could marry civilly now, and start the process.  You would have advance parole in about six months.  Or, stay with your initial wedding plans and delay the religious ceremony in India until you at least have advance parole, or better, the green card.

[Fr8dog 331]

I agree with the above (He knows way more than me about these things anyway)

 

Isn't this the whole idea behind AOS?  People that legally entered the US, without immigration status or intend, are given an option to change their status to immigrant after they encounter a qualifying event during their stay.

 

Unless I'm overlooking something in your initial post get married ASAP and AOS. (if speed and cost is of the essence) Courthouse wedding, file AOS and wait for the AP. Or delay your religious ceremony. Anything else is potentially setting you up for problems and most likely will take longer and cost more.

 

[pushbrk 13,501]

As has already been posted, you cannot avoid immigrant intent, because you do, in fact, intend to immigrate.  You're really asking how you can get away with it without getting caught.  Wrong question.

[anonHippo 0]

I don't really want to stay in the US long-term, I'm perfectly happy to be on O1 for a few years and then move to a different country with my fiance. It is just the fact that marrying a US citizen creates a presumption of immigrant intent which I find surprising.

But I understand everyone's comments and will act accordingly. Thank you for your help!

[OldUser 9,295]

14 minutes ago, anonHippo said:

I don't really want to stay in the US long-term, I'm perfectly happy to be on O1 for a few years and then move to a different country with my fiance. It is just the fact that marrying a US citizen creates a presumption of immigrant intent which I find surprising.

But I understand everyone's comments and will act accordingly. Thank you for your help!

If you were to marry a US citizen and live in Portugal, US would never presume immigrant intent. It's the combination of both: ties to the US due to marriage to US citizen AND desire to enter / stay in the US on visa.

Edited June 1 by OldUser