F-1 student getting married to citizen, NOT doing green card. Can I return to US?

[sponge_gto]

My girlfriend who is USC and I (F-1 status) are thinking about getting married in the summer but we would also like to travel abroad in the winter. If we do not start the adjustment of status process, will I be able to return to the US on F-1 status? Thanks in advance for your helpful opinion.

Apologies in advance if this belongs to the adjustment of status forum.

[scientist2016]

Yes, as long as you maintain your valid F1 status.

[sponge_gto]

Yes, as long as you maintain your valid F1 status.

Thank you for the input. Care to fathom a guess why this advice was given to U of Washington students: "Once you are married to a U.S. citizen, you may have difficulties returning to the United States because the U.S. Customs and Border Patrol (USCBP) may think you have the intent to immigrate to the United States to be with your U.S. citizen spouse. This is not permitted for individuals in F-1 or J-1 status. "?

[scientist2016]

That is true. F1 is a non immigrant visa, and hence, people with intent to immigrate are usually denied this. However, there is no rule saying that F1 marrying a USC should immediately file for AOS or immigrant visa. As long as you do not lie to the CBP you should be fine. For that matter whether you are married or not is not the CBP's concern usually, right? In other words don't ask don't tell should be your policy, and take it from there. BUT NEVER LIE TO THE CBP OFFICER, as that WILL certainly come back to haunt you.

[sponge_gto]

That is true. F1 is a non immigrant visa, and hence, people with intent to immigrate are usually denied this. However, there is no rule saying that F1 marrying a USC should immediately file for AOS or immigrant visa. As long as you do not lie to the CBP you should be fine. For that matter whether you are married or not is not the CBP's concern usually, right? In other words don't ask don't tell should be your policy, and take it from there. BUT NEVER LIE TO THE CBP OFFICER, as that WILL certainly come back to haunt you.

I was thinking along those lines too. Wish me luck I'll probably use the Global Entry lane to avoid questions about "relationship with companion".

[scientist2016]

Good luck, and I would do exactly the same thing if I were in your place. Maintain my F1 status and go through the standard global entry lane separately .

[newacct]

If the USC is residing abroad, then it is believable that you are not staying in the US. However, if the USC is residing permanently in the US, and you are married to them, then the expectation is that you want to stay with them in the same place, i.e. in the US, so you will have to immigrate at some point. Once you are in the US, it's so easy for you to decide to file AOS at any time, and therefore, it's hard to convince the officer that you won't abuse the entry to immigrate.

[sponge_gto]

If the USC is residing abroad, then it is believable that you are not staying in the US. However, if the USC is residing permanently in the US, and you are married to them, then the expectation is that you want to stay with them in the same place, i.e. in the US, so you will have to immigrate at some point. Once you are in the US, it's so easy for you to decide to file AOS at any time, and therefore, it's hard to convince the officer that you won't abuse the entry to immigrate.

Thank you for that reasoning which makes perfect sense to me. I'm rather doubtful about the likelihood of a customs officer questioning if and why I am married to a citizen in the first place. Is there a procedure which asks my county clerk to inform the CBP of my marriage, or some other system in place to catch the "don't ask don't tell" folks?

[jayleno]

Why you wanna risk it? Maintain your F-1 status travel abroad and when you get back go ahead and get married. Don't try to complicate things for yourself.

[newacct]

Why you wanna risk it? Maintain your F-1 status travel abroad and when you get back go ahead and get married. Don't try to complicate things for yourself.

But that doesn't logically make a difference -- someone who is already married before entry and someone who is going to marry after entry both have equal likelihood of applying to immigrate.

[sponge_gto]

Why you wanna risk it? Maintain your F-1 status travel abroad and when you get back go ahead and get married. Don't try to complicate things for yourself.

That is certainly the most straightforward option. Just wondering if the alternative actually carries any known or predictable risk. Who knows, maybe this is the last chance anybody has of pulling that off before Big Brother's truly omniscient.

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But that doesn't logically make a difference -- someone who is already married before entry and someone who is going to marry after entry both have equal likelihood of applying to immigrate.

I doubt I'll be coherent enough to make that argument with the customs officer

[sheridene91]

I just thought I would add here, that after I spoke with an immigration attorney, he advised me not to leave the country prior to receiving my green card. He said it is easier to prove that you had no intent to immigrate upon entry to the country this way.