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Results 1 to 9 of 9

Thread: Marrying an International Student

  1. #1
    I am a permanent resident and want to get married to an F1 student. I will be eligible for the citizenship in about 3-1/2 years. What is the impact of me marrying her on 1) her F1 status, 2) her travel in/out of the country, and 3) timeline by which she could get her green card.

    I read a lot about the nonimmigrant intent, but I am not clear on the entire situation. What would happen if we did get married, she did not disclose it on POE and then we file the papers for her AOS when I become citizen? During this time, she does plan to finish her studies.

    Thank you for your help.

  2. #2
    I am a permanent resident and want to get married to an F1 student. I will be eligible for the citizenship in about 3-1/2 years. What is the impact of me marrying her on 1) her F1 status, 2) her travel in/out of the country, and 3) timeline by which she could get her green card.

    I read a lot about the nonimmigrant intent, but I am not clear on the entire situation. What would happen if we did get married, she did not disclose it on POE and then we file the papers for her AOS when I become citizen? During this time, she does plan to finish her studies.

    Thank you for your help.

  3. #3
    Hi! This is one of the agents with the USCIS. We monitor this website all throughout the day and just found your post. Thanks for informing us about your "immigrant intent" girlfriend.

  4. #4
    You have to show and have financial responsibilty...you have to make a certain amount a year....then you can go from there.

    Its not easy as you may think....you have to ahev money,enough money.Because she won;t be able to get work permit for a while...and all the applications will cost $ $ $.... be prepared for that!

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mann:
    I am a permanent resident and want to get married to an F1 student. I will be eligible for the citizenship in about 3-1/2 years. What is the impact of me marrying her on 1) her F1 status, 2) her travel in/out of the country, and 3) timeline by which she could get her green card.

    I read a lot about the nonimmigrant intent, but I am not clear on the entire situation. What would happen if we did get married, she did not disclose it on POE and then we file the papers for her AOS when I become citizen? During this time, she does plan to finish her studies.

    Thank you for your help. </div></BLOCKQUOTE>
    Did you and your F1 friend knew each other prior to her entering the US? If not, then it is not intent. And if if you knew each other prior to her coming, it is still not intent unless the two of you were engaged to be married.

    If you marry in the US, you will file the I-130 (with the subsequent required forms) and the I-131 which is the advance parole in order for her to travel while the case is pending. Be prepared for a long wait period until you become a USC. Then you can adjust your status with USCIS.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  6. #6
    Thank you 'Hudson' for your informative response.

    We did not know each other before her coming over to the US. In fact, she had planned to attend a college in California and was visiting her relatives in Ohio when we met. She later transferred to Ohio when we started dating.

    Also, can the advance parole be filed without I-485? I was under the impression that as a permanent resident, I can only file I-130 for her.

    Once again, thank you for your help. I look forward to your reply (and from others).

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mann:
    Also, can the advance parole be filed without I-485? I was under the impression that as a permanent resident, I can only file I-130 for her. </div></BLOCKQUOTE>
    No, AP can't be issued without having I-485 pending. And, yes - as PR you can only file I-130.

    In your situation, I wouldn't file any papers for the time being. She has a legal status and intends to continue to go to school, correct? Marriage by itself doesn't give anybody any status or takes it away. You may want to run this option by a lawyer reagrding any issues at POE.

    When is your future wife going to finish studying? You are about 4 years away from being USC, and she should maintain her own status in the meantime. Even if you file I-130 earlier, that wouldn't give her legal status in the US.

  8. #8
    Thank you, Aneri, for your response.

    Yes, she is certainly going to complete her studies. I will certainly seek legal advice for any problems at POE. She will finish school in 2009. Can F1 be extended while in US, if she enrolls into a different program?

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Can F1 be extended while in US, if she enrolls into a different program? </div></BLOCKQUOTE>

    Its not exactly extended, but if she's enrolled in a different degree program, she'll be issue a new I-20 with corresponding expiration date (normally 4 yrs for Bachelor level, 2yrs for Master, 5yrs for Phd, etc), effectively prolonging her F1 status.

    I seriously doubt she'll have problem in POE if you never file for I-130. Unless she mentioned it herself, how can USCIS determine that she's married to LPR?

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