Marriage to F-1 visa Holder in the US

L

lalloopanjoo76

Registered Users (C)
Hello - So I have heard and read a lot of different stories about this topic - and wanted clear direction.

I am a US green card holder for the last 3+ years and will be eligible to apply for citizen ship in March 2011 (per citizenship rules). I am going to get married to a US F1 visa holder who started her MBA program in January 2009. She plans to finish her degree up by EO 2010 or early 2011. What is the recommended path to marriage in such a case?

If the marriage occurs right away, what are the potential issues we could face? What are the ramifications to the F-1 visa holders immigration status? What is the general recommendation?

Is there such a thing as being married and not pursuing a status change for my spouse? Or does getting married automatically imply that she will be put into a family based immigration category?

Thanks
SLK
 
lalloopanjoo76 said:
If the marriage occurs right away, what are the potential issues we could face? What are the ramifications to the F-1 visa holders immigration status?
Click to expand...
She'll be able to remain in the US to continue studying with the visa. Getting married doesn't automatically change her immigration status for the better or worse. However, once she steps outside the US, things can change. Getting married to you means she'll have potentially have problems reentering the US with her F-1 visa, because spouses of green card holders and US citizens have a high rate of overstay and being married to a green card holder or US citizen is an indicator of immigrant intent.

On the other hand, getting married early means the marriage is likely to be at least 2 years old at the time of the green card interview. If married for at least 2 years at the time of the interview, upon approval she'll get a 10-year unconditional green card instead of a 2-year conditional card.
 
Last edited by a moderator:
So you guys are implying that marriage to an F-1 visa holder within the US will trigger a potential report/inform to INS regarding the marriage? Can someone explain to me how the process works?

If I marry in Las Vegas - for instance :) How would the loop be closed?

I understand the re-entry can be a problem for a F-1 married to GC holder, but woudlnt that happen if the passport was changed? What if that can be avoided, or can that even be avoided?
 
But wouldnt the re-entry be a problem only if there were a formal I-130 filing or such? What if we dont file for her green card in the US after marrying? Would that still create issues with re-entry? The passport would still be the maiden name and the visa would still be the valid F-1 visa...
 
if she were to be asked by an immigration officer if she is married to a USC or LPR (and they do ask sometimes), she would have to disclose and may be turned away. If she has to get a new F-1 visa, she will have to disclose info about you when she applies for it.

I'd marry now, forgo international travel, and apply for her GC when you become a citizen.
 
Last edited by a moderator:
Seems to me like it would be prudent to just wait until I get citizenship?

What are the negative points of marrying right after citizenship is granted?

Thanks
 
What are the negative points of marrying right after citizenship is granted?
Click to expand...
none, really.

Positive sides to being married prior to it though:
-length of marriage
-collectable proof of bona fide marriage and joint life prior to applying for a GC
-in case you can't become a citizen - I-130 filed by an LPR will eventually be approved and priority date current.
 
Thanks LucyMo..

Just to clarify again - If we marry and she continues on her F-1 status, can we file the I-130 after I get my citizenship?

There is no reason for us to start her immigration process as my spouse. She has a valid F-1 immigration status and will not change it until she graduates early 2011. After which my citizenship should be done.

On a related note, I can apply for citizenship in March 2011. I know processing times vary from state to state, but what are the odds that this process is held-up?


Thanks again
 
lalloopanjoo76 said:
Thanks LucyMo..

Just to clarify again - If we marry and she continues on her F-1 status, can we file the I-130 after I get my citizenship?
Click to expand...
Yes, you can wait. But once she marries you, there is still the issue of potential trouble when reentering the US if they ask if she's married.
 
But I am confused as to what document will indicate that she is married? We arent making any legal change in her immigration status right? Would she need to get her passport changed if we got married (irrespective of whether filed I-130 or not)?
 
You must log in or register to reply here.
Top