Citizen married an F-1. Now in trouble!

[scylla]

Hi,

I'm a U.S citizen who got married to an F-1 student this March. She's been in the country since August 2003. Just before I applied for my marriage license, we had taken a short trip to see her parents in India.

We have learnt that this violated her 'single intent' F-1 Visa and that our change of status petition is likely to be rejected. We had no idea about this scenario or else we would never have made the trip.

What are the chances of us being rejected and what could we do about it. eg. Waivers, Appeals etc.

--
Sleepless in San Francisco

[GCChaahiye]

You should take some sleeping pills.

Could you not have inquired all the rules/procedures BEFORE doing anything?Why all the hurry in getting married to a foreigner?

Anyway,Congratulations on your marriage.

[seand]

1. File 130.
2. She applies for K-3 with the receipt notice.
3. She can then come to the U.S. to complete AOS.

[waitingforAOS11]

Wait and watch what the USCIS says, you have no option. Try to explain your situation if any RFE.

[LucyMO]

ok, first of all, did she come back on her F-1 visa with you?

she can marry anyone she wants while she is on F-1 visa, you know. Lots of people do. Including me.

now, if she got married within 30 days of getting in the U.S. on her F-1 visa (in August 2003), that would be looked upon with suspision. Now, she didn't have the intent to immigrate in AUgust 2003, but got married in March 2004 and now has the intent to immigrate - no problem. She will adjust her status just fine, and you won't be in trouble.

If she is here in the States, just file I-130 and I-485 and other forms, like you are supposed to. If she got stuck back in India, go the spousal visa route.

People, even if they are F-1 students, are allowed to take trips home, even if they intend to marry a USC after that. Now, immigrant intent is a different story... but we are not going to discuss it now. Just don't worry about it.

So, calm down and answer the question.