Green Card through marriage while on F1 (or tourist) visa. + A bunch of other questions

J

Joshu

Registered Users (C)
Hi all

I currently have an F1 visa and am studying in the USA. I will be going back to my home country for holiday, and I am considering getting married to a US Citizen later on, when I am back in the USA again.

Since my money situation has become very bad, and non-resident tuition is very high compared to resident tuition, can I cancel my F1 visa even though it is still valid for another 2 years, enter on a tourist visa (normally my passport has an automatic tourist visa which lasts for 90 days), then get married while on a tourist visa, wait or work until I am resident, then eventually continue my education. Is this possible and is it a good idea?

I want to save money so I want to work, or just wait, before I continue my education..

But what if I get married while on the F1 visa, how long will it take until I am considered resident of a state and can pay the resident tuition fees at university?
-Is it a better idea to get married while on an F1 visa than on a tourist visa?
-Should I wait a certain number of months after entering the USA until I get married and apply for Green Card? Does it matter how quickly I get married if I am on the F1 visa? What if I'm on a tourist visa?

The other option I have is to continue school and pay for another semester, then get married during that semester. Can I quit going to school as soon as I have gotten married/applied for green card, without the risk of getting deported? (Can you apply for a green card just the day after you have gotten married?)

When you get a GC through marriage (or while you wait for getting it), do you have to work or go to school in the USA, or can you travel around inside the USA and visit different states?


A few more questions:


- Can you travel outside the USA while waiting for Green Card?
- Once you have your Green Card can you travel outside the US and how long time? I heard you can be outside 6 months at a time. Would a 1 day reentry into US be enough to allow 6 more months of travel?
- Is the Green Card you get through marriage a permanent one or when does it have to be renewed? When you renew it, is the next Green Card you get "permanent"?
- How long from the moment you are married until you can become citizen?ome time?
- How long until you get a green card after marriage?
- How long until you can legally work in the USA after marriage?
 
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WHOA, too many questions! First things first ...

I currently have an F1 visa and am studying in the USA. I will be going home to my family for the summer on holiday, and am planning on coming back and getting married to a US citizen.
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That is preconceived immigrant intent, which you're not supposed to have with an F1 or tourist visa. If they know your plans they won't let you back into the US with the visa.

My question is, since I want to save money (non-resident tuition is very high compared to resident tuition), can I cancel my F1 visa even though it is still valid for another 2 years, enter on a tourist visa (normally my passport has an automatic tourist visa which lasts for 90 days), then get married while on a tourist visa, wait or work until I am resident, then eventually continue my education. Is this possible and is it a good idea?
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If you quit school, then attempt to enter soon after with a tourist visa, they're likely to get suspicious at the port of entry and ask invasive questions.

Once inside the US and you're married to a US citizen and you've filed the appropriate green card paperwork, you don't have to attend school to stay legally, and you can work inside the US or travel outside the US while the GC is in process when you've received the relevant work and travel documents (which typically take 2-3 months to arrive).
 
Maybe that wasn't the best wording.. I'm not planning an exact date or anything like that, I just want to know the process.

What about a fiance visa, how does that work? Do you think that would be better in my case?

....
Can anyone help me with the other questions in my first post?
 
Yes, the fiance visa would likely be a better option in your case if you plan to travel outside the US before beginning the GC process. Basically, your USC fiancee would file I-129F and some associated documents, then a few months later you would show up at the consulate in your country to interview for the visa (you can stay in the US while the I-129F is being processed, as long as you maintain your legal status).

Then you would return to the US with the visa, and you have 90 days after entry to get married within the US. Then after getting married you file I-485 and other related green card paperwork. When you are on the fiance visa you don't have to study, and the work/travel documents later obtained from your GC paperwork will allow you to work or travel before the GC is granted.

See http://www.immihelp.com/visas/kvisa/fiance-visa-petition.html
 
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Thanks Jackolantern!

Do you think it is more difficult to get a GC/enter the USA with a Fiance Visa, compared to marriage that takes place in the US on tourist or F1 visa?
 
Thanks Jackolantern!

Do you think it is more difficult to get a GC/enter the USA with a Fiance Visa, compared to marriage that takes place in the US on tourist or F1 visa?
 
Joshu,
What do you mean by you are "considering" getting married ?? You have asked way too many questions whose answers can be googled easily.The only issue here is as Mr Jackolantern pointed out. When you come back from your Summer holiday there will be complications at POE if they ask you about if you are engaged to a US citizen.
You will be considered resident once your I 485 is approved that can take anywhere from 3 months to 3 years depending on how clear your case is.
You can apply for I130/I485 the next day you are married and once you receive the EAD(Work Permit) you can start working. During this period from application to EAd receiving, to remain in f1 status or not is at your own risk. I have known people who discontinued School got married applied and got GC ,but my guessing is its better to maintain status until at least you get EAD which should be one semester time mostly. Have you looked into a semester break .. while you go through this process.
As long as at the time of interview you can prove that you guys fell in love after you joined school but not before you came to USA there should not be complications.I am assuming you already finished a semester as you are talking of summer break. I mean logically if u r in USA for 3 months and within these 3 months u find a girl of your dream,u date and propose and u get married how easy do u think it will be for INS to digest this ? There is no fixed time u can marry or not but think of how will you prove the bonafide nature of marriage and your true intentions when you came to USA on f1 when you get married immediately you are in USA.These are the things best discussed with an attorney as you might need one in such sudden considerations of marriage :). For I 485 it doesnt matter what status ur in F1, h1 or tourist the only thing it matters is how will you prove ur love and marraige was genuine.

Ok now for your rest of questions since a boring day at work :)

Can I quit going to school as soon as I have gotten married/applied for green card, without the risk of getting deported? (Can you apply for a green card just the day after you have gotten married?) YES at your "own risk" people have done it before.YES you can apply day after read my reply above.

When you get a GC through marriage (or while you wait for getting it), do you have to work or go to school in the USA,
Your choice you can continue going to school or quit school and wait for EAD work permit and start working wherever u want in USA provided your wife follows you :). Here I have to add Illegal work done during or before the GC application is sometimes overlooked at the time of GC through marriage interview again at your "OWN RISK"

or can you travel around inside the USA and visit different states?

Who has stopped you from visiting different states in USA on F1.But you have to constantly updating USCIS your change of addresses the entire process.

A few more questions:


- Can you travel outside the USA while waiting for Green Card?
Hmm Yeah if you get your advance parole I 131 approved and you have the travel document.remember one thing once you use this to come back to USA your out of F1 status.If you are continuing being a student you don't have to use this advance parole and and can come back on f1 visa stamp.

- Once you have your Green Card can you travel outside the US and how long time? I heard you can be outside 6 months at a time. Would a 1 day reentry into US be enough to allow 6 more months of travel?
One step at a time why does anyone want to be a resident of USA just to reside only one day a year .. I am not sure of this but what I guess is no 6 months at a time in one calendar year .. I could be wrong but I am sure if there is a pattern of continuous absence from USA at some point it will be an issue at POE.

- Is the Green Card you get through marriage a permanent one or when does it have to be renewed? When you renew it, is the next Green Card you get "permanent"?
if at the time of of approval of ur 485 you have been married for more than 2 years you get 10 year gc. if not you get 2 year gc which u have to apply to make it 10 year with a form I 751 starting 90 days prior to the expiration of your temporary gc ..

- How long from the moment you are married until you can become citizen?
HAHA 3 years of holding gc (temp+ permanent) together or 3 years of permanent gc if you get it after 2 years of your marriage and you are married to the same -person .
If not 5 years of any kind of GC holding.

- Can you lose your Green Card if something like divorce happens? Can that happens for both the temporary GC you get firts, or also for the permanent GC you get when you renew your green card after some time?
I have ever seen a guy who talks of divorce before even getting married :) but since its a valid question . Divorce usually doesnt affect the permanent gc but can affect the temporary gc .. If you need more info on this first get married, get gc, get divorced and come back to these forums :) Just joking ..
- How long until you get a green card after marriage?
3 months to 3 years from date of applying for gc and other documents

- How long until you can legally work in the USA after marriage?
You can start legally working once your workpermit/ Ead is approved and you get the EAD card.
 
Do you think it is more difficult to get a GC/enter the USA with a Fiance Visa, compared to marriage that takes place in the US on tourist or F1 visa?
Click to expand...
It depends on what is going on. In your case, the tourist or F1 visa has potential pitfalls because you're planning to travel outside the US and return with either visa and get married shortly thereafter, which is frowned upon and they won't let you back in if they know your plan, and you could get harassed a bit in the GC interview for it (although they won't deny your case just because of it, as long as you didn't lie at the border or POE). Whereas the K1 visa is specifically for the purpose of entering the US to get married to a US citizen, so you wouldn't have those issues with the fiance visa.
 
Small correction you cannot come back on F1 as its not a dual intent visa like h1.You have to use the advance parole to come back into USA which can complicate things sometimes.

- Can you travel outside the USA while waiting for Green Card?
Hmm Yeah if you get your advance parole I 131 approved and you have the travel document.remember one thing once you use this to come back to USA your out of F1 status.If you are continuing being a student you don't have to use this advance parole and and can come back on f1 visa stamp.
 
Joshu,
What do you mean by you are "considering" getting married ?? You have asked way too many questions whose answers can be googled easily.The only issue here is as Mr Jackolantern pointed out. When you come back from your Summer holiday there will be complications at POE if they ask you about if you are engaged to a US citizen.
You will be considered resident once your I 485 is approved that can take anywhere from 3 months to 3 years depending on how clear your case is.
You can apply for I130/I485 the next day you are married and once you receive the EAD(Work Permit) you can start working. During this period from application to EAd receiving, to remain in f1 status or not is at your own risk. I have known people who discontinued School got married applied and got GC ,but my guessing is its better to maintain status until at least you get EAD which should be one semester time mostly. Have you looked into a semester break .. while you go through this process.
As long as at the time of interview you can prove that you guys fell in love after you joined school but not before you came to USA there should not be complications.I am assuming you already finished a semester as you are talking of summer break. I mean logically if u r in USA for 3 months and within these 3 months u find a girl of your dream,u date and propose and u get married how easy do u think it will be for INS to digest this ? There is no fixed time u can marry or not but think of how will you prove the bonafide nature of marriage and your true intentions when you came to USA on f1 when you get married immediately you are in USA.These are the things best discussed with an attorney as you might need one in such sudden considerations of marriage :). For I 485 it doesnt matter what status ur in F1, h1 or tourist the only thing it matters is how will you prove ur love and marraige was genuine.

Ok now for your rest of questions since a boring day at work :)

Can I quit going to school as soon as I have gotten married/applied for green card, without the risk of getting deported? (Can you apply for a green card just the day after you have gotten married?) YES at your "own risk" people have done it before.YES you can apply day after read my reply above.

When you get a GC through marriage (or while you wait for getting it), do you have to work or go to school in the USA,
Your choice you can continue going to school or quit school and wait for EAD work permit and start working wherever u want in USA provided your wife follows you :). Here I have to add Illegal work done during or before the GC application is sometimes overlooked at the time of GC through marriage interview again at your "OWN RISK"

or can you travel around inside the USA and visit different states?

Who has stopped you from visiting different states in USA on F1.But you have to constantly updating USCIS your change of addresses the entire process.

A few more questions:


- Can you travel outside the USA while waiting for Green Card?
Hmm Yeah if you get your advance parole I 131 approved and you have the travel document.remember one thing once you use this to come back to USA your out of F1 status.If you are continuing being a student you don't have to use this advance parole and and can come back on f1 visa stamp.

- Once you have your Green Card can you travel outside the US and how long time? I heard you can be outside 6 months at a time. Would a 1 day reentry into US be enough to allow 6 more months of travel?
One step at a time why does anyone want to be a resident of USA just to reside only one day a year .. I am not sure of this but what I guess is no 6 months at a time in one calendar year .. I could be wrong but I am sure if there is a pattern of continuous absence from USA at some point it will be an issue at POE.

- Is the Green Card you get through marriage a permanent one or when does it have to be renewed? When you renew it, is the next Green Card you get "permanent"?
if at the time of of approval of ur 485 you have been married for more than 2 years you get 10 year gc. if not you get 2 year gc which u have to apply to make it 10 year with a form I 751 starting 90 days prior to the expiration of your temporary gc ..

- How long from the moment you are married until you can become citizen?
HAHA 3 years of holding gc (temp+ permanent) together or 3 years of permanent gc if you get it after 2 years of your marriage and you are married to the same -person .
If not 5 years of any kind of GC holding.

- Can you lose your Green Card if something like divorce happens? Can that happens for both the temporary GC you get firts, or also for the permanent GC you get when you renew your green card after some time?
I have ever seen a guy who talks of divorce before even getting married :) but since its a valid question . Divorce usually doesnt affect the permanent gc but can affect the temporary gc .. If you need more info on this first get married, get gc, get divorced and come back to these forums :) Just joking ..
- How long until you get a green card after marriage?
3 months to 3 years from date of applying for gc and other documents

- How long until you can legally work in the USA after marriage?
You can start legally working once your workpermit/ Ead is approved and you get the EAD card.
 
Trying to procure a tourist visa with the intention of getting married and then adjusting status is illegal and highly discouraged.

There is a difference between "considering" getting married and "planning" to get married. In the former, there is real no formal committment like an engagement or preparations for a wedding. Many girlfriends/boyfriends often "talk about" getting married, but this is not concrete and the couple never follows through. However, if there was a proposal, an engagement and even plans for a wedding...all those actions could be considered as a formal committment to get married. One of my friends from China was on a student visa and he had a girlfriend in the US. He was at the POE in LA when the officer asked him if he had a girlfriend in the US...he said yes. He then asked him...are you engaged?....he said no. The officer let him through.

Therefore I dont see a preconceived intent in this scenario. You should be ok to adjust status from a F1 student visa. You do not need to travel back to your home country and obtain a Fiance visa because there was no engagement and no formal plans to get married. Now what if your boyfriend is not interested in getting married now and you obtain a Fiance visa? That could create a problem too. It is upto you to decide whether your "consideration" will really lead to a marriage or not.

Lastly, you may quit school once you apply for AOS, however I wouldnt recommend you doing so.
 
Larry572 said:
There is a difference between "considering" getting married and "planning" to get married. In the former, there is real no formal committment like an engagement or preparations for a wedding. Many girlfriends/boyfriends often "talk about" getting married, but this is not concrete and the couple never follows through. However, if there was a proposal, an engagement and even plans for a wedding...all those actions could be considered as a formal committment to get married.
Click to expand...
The OP may not actually be engaged now, but it's clear there is an intention to become engaged AND apply for a green card. So this is not like your Chinese friend just having a girlfriend in the US.

Therefore I dont see a preconceived intent in this scenario. You should be ok to adjust status from a F1 student visa. You do not need to travel back to your home country and obtain a Fiance visa because there was no engagement and no formal plans to get married.
Click to expand...
The OP plans to travel to the home country for the holidays between semesters, just to spend time there. And then to reenter the US and get married and apply for a green card. Reentering the US like that would be preconceived immigrant intent.
 
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