F-1 Marrying USC

P

Physicist

Registered Users (C)
Hi,
I have been in F-1 status since 2001. My USC fiance and I are getting married next month. I have a concern regarding the non-immigrant intent of the F-1 status. My fiance and I have been dating since 2001, but we only just got engaged in the summer of 2007. I last entered the US in F-1 status in January 2006 and my F-1 visa was issued in 2001 (now expired). I am concerned that since I have been dating my fiance for so long, USCIS can accuse me of having had immigrant intent back in January 2006, when I last entered the US using F-1 status. We were not engaged back then and had no long-term plans; however, I am not sure how exactly I would prove that.

So basically my question to all the experienced people on this forum is: do I need to worry about being accused of visa fraud? My thanks in advance to anyone who has an opinion about this.
 
People get into relationships not knowing were it will lead, you would have been more worried about your situation, say you got married the first 3 months of your arrival into the US, personnally, i do not see any problem in your case, you've been here since 2001 on F-1, it's only normal that you could have started dating someone which led to married.

I think you are on a good track, entering back on your F-1 in 2006, doesn't matter afterall people on F-1 have the right to travel out of the country and come in on same visa as long as it's still valid, in a nutshell go ahead marry your woman and begin the journey, you are good to go. As far as your case i do not see any "immigrant intent" in it, you have been in status since 2001, so all the best.
 
Physicist said:
Hi,
I have been in F-1 status since 2001. My USC fiance and I are getting married next month. I have a concern regarding the non-immigrant intent of the F-1 status. My fiance and I have been dating since 2001, but we only just got engaged in the summer of 2007. I last entered the US in F-1 status in January 2006 and my F-1 visa was issued in 2001 (now expired). I am concerned that since I have been dating my fiance for so long, USCIS can accuse me of having had immigrant intent back in January 2006, when I last entered the US using F-1 status. We were not engaged back then and had no long-term plans; however, I am not sure how exactly I would prove that.

So basically my question to all the experienced people on this forum is: do I need to worry about being accused of visa fraud? My thanks in advance to anyone who has an opinion about this.
Click to expand...


Hi Physicist,

I also came on an F1 visa to attend Devry in 2001, and meet my wonderful husband in September 2003. We started dating and after 3 months he introducted me to his parents as "I'M THE ONE", I was so blushing. At 6 months we got pregnant and he asked me to marry him.When my husband asked me to marry him I was fearful of what people would think.I knew he was in love with me; by the way he looked at me and took care of me, but I was hung up on what people would say. My aunt had a talk with me and made me realized that if he didn't love me he could have easy walked away.

We got married May 19, 2004 at the Court house, because we could not afford a big wedding; as we were both in college. Three years and 6 months later we are still loving each other and growing with two beautiful children 3 and 1 year old.

I don't think you have anything to worry about. Go for it!!!



Here is my AOS timeline:
 
Last edited by a moderator:
Physicist,
In my opinion your case is very solid. In fact, having known your to-be wife for 6 years works in favour of you. Good luck!!!
 
I see the facts as you having had intent to come here as a temporary student still at the last time you entered, and one and half years went by until you got engaged, this is when your intent changed. There's a 30-60-90 day rule on changing one's intent, after 90 days you're assumed to have had an opportunity to change your intent from what it was when you entered 90 days earlier. Since it was one and a half years in your case, I don't see any problem at all.

I also knew my wife when I was still on F-1 ... we started dating while I was still on F-1 for approx. one year. Never came up in the AOS process (we got engaged a couple years later when I was on H-1B). Good luck!
 
Last edited by a moderator:
Thank you!

My thanks to all of you who replied. Y'all are very kind to share your expertise. If it all goes well for me, I hope I'll be able to return the favor to someone else who is all nervous about starting the process!

Having read a lot on this forum, as well as the USCIS website, I feel like I know pretty well what the process involves. I don't have any problems with English and I can fill out forms pretty well! Other than having less work to do myself, are there any advantages to hiring a lawyer for a case such as mine?
 
You must log in or register to reply here.
Top