Married USC soon after arrival on F1 visa

H

hinteer77

Registered Users (C)
Hi everybody,
I got into US on F1 visa and got married to US citizen 35 days after arrival and 20 days before the date on my I-94. I'm confused as what happen if we file I-30 and I-485 before end of lawful stay. Will I be required to leave once I-94 over? I'm afraid that I'll be accused of "Visa fraud". Please advice and share your experience.
 
When did you meet your spouse? Did you know them or have contact with them before you entered the US?

They will find visa fraud if they suspect you used your F-1 visa to enter the country with the intention of getting married. If you knew your spouse before entering, it looks suspicious. Getting married so soon after arrival makes it look really suspicious.

If you met your spouse in the US, you have a better chance of getting away with it from the "visa fraud" angle - but they'll probably be looking for signs of a sham marriage, since people don't usually marry people they've known less than 5 weeks.

But... your marriage has happened, so you're going to have to give USCIS what you've got. Be prepared to explain why you got married so soon (it must be that something unexpected happened - you did not plan or anticipate this wedding before entering the US)

If you are found quilty of marriage fraud, I am fairly sure your GC will be denied. If it's a "sham marriage" there could be criminal charges too.
 
Thank you for your replay. We met first time in the US when I was visiting and have know each other for a year. Our relationship is ginune one and not just for GC. We believe we have no problem to prove that. I attended the school I was supposed to go to. We then decided that we will never live apart anymore since it had been a year of separation already. If it's for just immigration I could have get married last year but we wanted to allow us time to know each other more. I hope USCIS will appreciate that.
 
That may be something that sends red flags flying. Coming here on F1 that is valid for 55 days and getting married in that period may very well be seen as using a non-immigrant status with intention to stay.

I know you know that that was not the main reason for the F1, but uscis may have a different opinion on that, regardless of what your intention was. Just make sure you are able to make your case to convince uscis otherwise.
 
OK. It seems that I put myself in such freakin position. What if I go back home before I 94 expires and then apply from abrad? Is just getting married besides attending school is still taken as fraud?
 
divorce before adjustment of status

Hello Everyone,
I was wondering if someone can help me with a difficult position that I am in. My sister got married in Chicago
a month ago and came here on K1-Fiance visa. Her visa will expire on september 10, 2008. Her husband has not filed an adjustment of status
yet. Her mother in law is very abusive and she had made her life very difficult. She does not let her go outside, she constantly
mentally abuse her, yells, screams at her and ask for gifts and money, etc. Her husband does not do that but he cannot say no to her
mom and ignores all this. I was wondering if someone can tell me in this case if she can file for a divorce now or can she extend her
stay in United States and apply for a green card. Please let me know if there any possible ways to address this issue.

thanks,
ak
 
No issue going this route. Getting married on a visitor visa has never been an issue with USCIS. Getting married and then AOSing too early is an issue. So your plan of going back before the I-94 expires and then going down the CP route is perfectly fine.


hinteer77 said:
What if I go back home before I 94 expires and then apply from abrad? Is just getting married besides attending school is still taken as fraud?
Click to expand...
 
I was wondering if someone can tell me in this case if she can file for a divorce now or can she extend her stay in United States and apply for a green card.
Click to expand...
it will be her choice. Yes, she can file for a divorce and leave the States before her I-94 expires because she doesn't want to accrue any illegal presence. Or, she can stay married, apply for a GC, then stay married 2+ years, remove conditions, and then divorce. There is no way to extend her status other than applying for a GC.

There is no option of divorcing, marrying someone else and getting a GC through someone else without leaving the US.
 
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