Marrying on an F-1 Visa, leaving the country, and then applying for a greencard

[mmsspp]

From reading other’s comments I understand that if one is a student with an F-1 Visa and wants to marry a US citizen (and then apply for a greencard) one needs to be careful if one wants to leave the country while the greencard application is pending. My question is the following – could I get marry in court in the US in December, leave the country a few days after the US marriage to get marry by church in my native country, return in January on an F-1 Visa and then file the petition for a greencard? If getting married (without having filed a petition for a greencard) will jeopardize my ability to enter the US because of the contradictory nature of having a non-immigrant status and immigrant intent of having married – Can I marry in December both by law and by church in my home country and then come back in January and marry by court in the US and petition a greencard? In other words can I marry by law in two countries?

Any guidance will be appreciated! Many thanks.

[mthakkar]

You don't need to get married US. Marriage certificate from your home country is fine. Only thing is if its not in English, then get it officially translated in English and that's it.

If your F-1 visa stamp is valid, then just gat married in your native church, come to back to you on F-1 and then file for Adjustment of status.

[dr_lha]

I think mthakkar is right, there is no need to get married in the USA if you have a marriage certificate from your home country.

However, he is wrong in saying you can return on your F-1 status and file for AOS. As F-1 is a non-immigrant visa, you are not allowed to enter the country on it if you have immigration intent. If a CBP officer figures out you are married and intend to file for a green card they will deport you.

Even in you get away with it, that's not where the trouble can end, also you will have trouble with your AOS because you entered the country with immigration intent, and filed AOS. Any entry into the country on a non-immigrant visa with intent to immigrate may be cause for denial.

If you are married in another country, the correct way to go about immigrating is to file for a K-3 visa. If you don't want to do this, I would advise you to not leave the country, get married here and file for AOS.

Any other cause of action could be exceptionally dangerous.

[pianoplayer]

Originally Posted by dr_lha

I think mthakkar is right, there is no need to get married in the USA if you have a marriage certificate from your home country.

However, he is wrong in saying you can return on your F-1 status and file for AOS. As F-1 is a non-immigrant visa, you are not allowed to enter the country on it if you have immigration intent. If a CBP officer figures out you are married and intend to file for a green card they will deport you.

Even in you get away with it, that's not where the trouble can end, also you will have trouble with your AOS because you entered the country with immigration intent, and filed AOS. Any entry into the country on a non-immigrant visa with intent to immigrate may be cause for denial.

If you are married in another country, the correct way to go about immigrating is to file for a K-3 visa. If you don't want to do this, I would advise you to not leave the country, get married here and file for AOS.

Any other cause of action could be exceptionally dangerous.

I cannot disagree with this - well put! The OP would do well to follow this advice. Some people have suggested getting married in religious ceremony overseas --- then getting married legally in the US on return. But even this carries risk, since your intent is in question.