OPT with a job married to US Citizen

C

cicciobombolo

New Member
Hello,
the situation is the following. I have an OPT and a job.
The 10.13 I am getting married with US citizen.
The 10.18 I am going to Canada for a weekend.

What's my status ? Can I enter the US without problem? Does the fact that I am married change anything ?

Thank you so much!
Best
 
Change your plans...

You are required to have non-immigrant intent when you re-enter the USA... and unless you plan on not filing for a GC, you need to wait, file for your GC and AP and then travel (with an approved AP).
 
Agree completely with PraetorianXI. You must not leave the US after marriage and try to re-enter without approved advanced parole. Just don't do it.
 
Hello,
Below is my situtation. Can you please advice?

I am a green card holder since May 2003 and applied for citizenship. My wife came to USA on a Student visa on Jan 2006 and she is currently on H1 visa. We got married when my wife was on F1 student visa on June 2007. The marriage happened in Srilanka and my wife re-entered US after marriage without any issues. I read the forums; they say re-entering USA after marriage is immigration-intent and it is a fraud. After getting my citizenship, can I do Adjustment of Status for my wife? Could you please help?


I have an appointment with a lawyer next week, but want to see if there is any solution to my issue.

Thanks
 
Since there has been over 1 year since she entered the USA as an F1 student and she has continued with her studies (I am assuming?)... she should be fine to adjust her status.
 
PraetorianXI said:
Since there has been over 1 year since she entered the USA as an F1 student and she has continued with her studies (I am assuming?)... she should be fine to adjust her status.
Click to expand...

PraetorianXI,

Thank you!
Yes. She maintained her F1 status before applying for H1.
I got very much worried because one of the above post said not to re-enter with an F1 visa after marriage.
 
confusedImmig said:
I got very much worried because one of the above post said not to re-enter with an F1 visa after marriage.
Click to expand...

that's not what they meant. SHe can try to reenter (reentering on a non-immigrant visa while being married to a USC or LPR is not illegal), but if she is questioned by an officer and found to have immigrant intent, she will be turned away.
ALso, entering on a non-immigrant visa with an intent to apply for a GC - illegal.

IN your case, your wife is still in H1 status, and it's been more than 90 day since she entered on F-1 visa. You'll be just fine.
 
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