marriage to green card - travel

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check_me22

Registered Users (C)
Hello friends
I am on F1 visa right now and my fiancee is american citizen. We started going out last year in january and are planning to marry soon. Last december we took a trip to india for her to meet my parents and get their approval. We went on separate dates but came back on same flight back to US. It is on our passport and records that we came back on same flight.
Now my concern is that the trip to india with her ( an american citizen) and me coming back on F1 visa can be considered a visa fraud or not ?
I have read at some place that since F1 visa is the “ non immigrant “ visa and one should not travel and come back in the country on it even if he/she is “planning” to marry an american citizen as the “non immigrant intent “ is compromised and the visa officials can take it as fraud.
Later on after marriage when I will show proof that we met in jan and then afterwards we went to india together where all my family is, USCIS will infer that I had some intent of marriage in my mind. Would my coming back on F1 be construed as visa fraud in this scenario? What are the chances ?? Any precedents ?? any suggestions/ comments ??
 
cherr1980 said:
What did they ask you when you enter?
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Yes cherr, i am still on F1 status and in my last year of phD . My I20 is valid till next may.
We did not tell them anything. On the airport immigration/customs clearance , she went to US citizen line and i went to Foreign national line and i entered US as F1 student. I had the stamp from the international office of my school and thats what they need as indian students are issued Multiple entry visa and all we need to visit india is the signature and stamp from the school immigration officials.
thanks for the reply
 
I don't see any problem since you still are going to be in a valid F1 status...now the part is that it is my understanding that a F1 once apply for AOS is not consider in F1 anymore. You can consult someone else about this or a lawyer better say.

Good luck,
 
Hey cherr
My concern is even if i am and was a full time student on F1 with valid I20 all this time , I met my fiancee in last january and went to india in dec , thus when she applies for my I-130 , in the interview USCIS will know that we were together in last jan , i took her to india to meet my parents and we came back together, but i entered the country on F1( with valid I20 ) they may say that your intent to visit india with a US citizen was marriage thus intent is immigration eventually , so i contradict the F1 criteria that is non immigrant intentions.This can be problematic it seem to me..
or am i dwelling too much into it and USCIS don't see things this way.
 
Before continue, if you marry remember that you can apply concurrently I-130 and AOS I-485.

It is true, that is the thin line...the problem is that is suppose that if you had the "intent" to marry that is ilegal, but to demostrate it for you would be in your favor because you were in a legal F1 status and you have to continue studying so you was needing to enter the US to go back to school...but you both had that trip to meet the family and there is nothing wrong to meet the family. That does not necessarily means that you was going to marry after a family trip.

For your peace of mind...continue studying and wait awhile. I really don't see any problem, but that is my personal opinion. In my personal experience I always disclosed that I was going to visit my fiance and I was in a B2 visa even when my parents came with me to spend Thanksgiving with his family. I don't know if that helps you, but remember every case is particularly different.
 
check_me22 said:
Hello friends
I am on F1 visa right now and my fiancee is american citizen. We started going out last year in january and are planning to marry soon. Last december we took a trip to india for her to meet my parents and get their approval. We went on separate dates but came back on same flight back to US. It is on our passport and records that we came back on same flight.
Now my concern is that the trip to india with her ( an american citizen) and me coming back on F1 visa can be considered a visa fraud or not ?
Click to expand...
Why do you think it is a fraud? You have a F-1 visa to enter US legally. There may be hundreds other american citizens on the same flght, and you guys aren't even officially related to each other, so whats the problem?

I have read at some place that since F1 visa is the “ non immigrant “ visa and one should not travel and come back in the country on it even if he/she is “planning” to marry an american citizen as the “non immigrant intent “ is compromised and the visa officials can take it as fraud.
Click to expand...
Marriage to a US citizen does not invalidate your F-1. Applying for AOS and showing intent of immigration DOES invalidate your F-1. In this case, you cannot use F-1 for travel, instead use AP.


Later on after marriage when I will show proof that we met in jan and then afterwards we went to india together where all my family is, USCIS will infer that I had some intent of marriage in my mind. Would my coming back on F1 be construed as visa fraud in this scenario? What are the chances ?? Any precedents ?? any suggestions/ comments ??
Click to expand...
you are worring a lot for no reason. So many have done it before. This is not visa fraud unless there is something you are not telling us.
 
"Marriage to a US citizen does not invalidate your F-1. Applying for AOS and showing intent of immigration DOES invalidate your F-1."

thats right but here "intent" is complicating my case i think. Just like they don't give tourist visa to you of your green card is in process because the intent to immigrate (green card in process) contradicts the "visitor visa's non immigrantion intention ". similarly i am worried i came back on the basis of F1 which is non immigrant visa but later on when i apply for green card and tell them that we have been together before we traveled and visited our families to get their approval for marriage and thus intentions were to immigrate, aren't the two things contradictory ? or am i worrying too much and it happens all the time.
I got the ideas from some other forums that it happens and not a big deal.
thanks guys for replying
 
Well if that cause you too much worry, then quit your F1 and then marry outside and go through Consular Processing.

You are confusing two things...a person that has a petition file in his behalf already demostrate an intent. A person who enter in a non-immigrant visa does not has any intention of marry unless decide to enter an in less than a month decide to get marry, so it's pretty difficult to not think about the intention in a case like that.

I still don't understand what has to do the visit to your family with this entire thing???
 
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