GC Holder marrying a F1 holder

[bhartiya_12]

My friend has a GC and he is going to apply for citizenship next June when he is eligible.

He is planning to get married to a F1 holder here early next year in Jan or Feb 2008. His fiancee's studies will be over in Dec 2008 so she gets another year of OPT i.e. until end 2009 to be on F1 before she thinks of H1 or other career options.

Can he get married early next year before his citizenship application? Can they get married, continue to maintain their respective statuses i.e. GC and F1 until he gets his citizenship and then he can file for her GC? Do they have to notify USCIS if they get married and she is on F1? How does that work? How will it affect their travel outside the US?

What if they have a kid in a years time after marrying and she is still on F1 and he is on GC?

Thanks

 

[austriacus]

Yes, they can continue to maintain their respective statuses, but your suspicion is correct that they may be given a hard time during re-entry when they travel outside the country. She may be asked if she has US citizen or permanent resident relatives, and since her husband can sponsor her for a GC, her non-immigrant intent might be questioned (so she needs to be sure to have solid proof of closer ties to her country). They do not proactively need to inform USCIS of their marriage (I don't think so - unless SEVIS requires it? The permanent resident doesn't have to report it.), but of course, if questioned e.g. at a POE need to provide this information. I know a GC holder whose wife was still an F-1 student and his wife was given a hard time at the border, questioned for several hours but then allowed into the country.

So the advice I would give is to limit travel outside the country while she's an F-1 student.

What's your concern if they have a child? Then they are a little GC/F-1/USC family. OK, my understanding is her child won't be able to sponsor her for a GC until the child is 21 years old so it shouldn't affect her status. In fact I know a F-1/F-2 family that had a USC child and to my knowledge they maintained that status for about 5 years before they changed to H-1B/H-4.

 

[bhartiya_12]

if you get married but don't inform USCIS, how do they give you a hard time at a POE, unless of course you disclose the fact that you are married?

 

[austriacus]

They might ask at the POE if you have US citizen or permanent resident relatives. It's one of the questions they sometimes ask.

Also, typically, families also only fill out one customs form when they enter, and it asks for the number of family members travelling with you. Confused the heck out of me, that form, when we last entered (because we were supposed to enter separately, she as USC and I as H-1B). Not sure what they'll do, I assume they would fill out separate forms (which is probably what we should have done too).

 

[PraetorianXI]

if you get married but don't inform USCIS, how do they give you a hard time at a POE, unless of course you disclose the fact that you are married?

And by not disclosing that information if asked, or if purposely hiding it to avoid "trouble" you are lingering in the thin line of misrepresentation and fraud.

 

[bhartiya_12]

thanks. one more question.

if an F1 holder marries a GC holder(not us citizen) does that 'automatically' prove the assumption that he/she has an intent to immigrate?

i.e. would he/she be questioned by USCIS and asked to go back when he/she files for a I-130?

Theoretically, could USCIS not just reject the applicaiton and ask the F1 holder to go back as he/she violated the terms of F1?

 

[TheRealCanadian]

if an F1 holder marries a GC holder(not us citizen) does that 'automatically' prove the assumption that he/she has an intent to immigrate?

By statute, everyone alien automatically has immigrant intent until proven otherwise. With that said, marriage to a GC holder (or a US citizen) does make it impossible overcome this presumption; it just makes it very, very difficult. If the alien has a job and close ties to his or her home country, then the fact that they are married to a GC holder might not be fatal, especially if they can demonstrate that they will not be staying permanently in the US on this entry.

Theoretically, could USCIS not just reject the applicaiton and ask the F1 holder to go back as he/she violated the terms of F1?

Marrying a GC holder or US citizen is not a violation of any non-immigrant status.