Need Advice

[glowinthedark]

Hello,

I am a US Citizen and intend to get married to a guy on a student visa (already in the US). If we go back to India and get married there, would he be able to return to the US right after marriage and continue his education? Or would his status change right away? Even if his status is no longer of an international student after marrying a US citizen, could he still return to the US and go back to school without any problems?

Thanks for any help/guidance you can provide.

[PraetorianXI]

His "status" does not change because of marrying an US citizen.

There is no such thing as "married to USC" status.

However, this person's now would have "immigrant intent" in coming to the USA and can not use a non-immigrant visa (student visa) to enter the USA. Doing so would be "misrepresentation at the POE" or plainly fraud... because if he discloses at the Port of Entry that he is married to an USC they would not let him enter the USA.

The best thing for you to do is get married in the USA, file for his Adjustment of Status, including an I-131 (request for advance parole) which once approved will allow him to leave the USA and return to continue the Adjustment of Status (receiving a green card eventually) without abandoning his case.

Again, he can not lawfully re-enter the USA after marrying you without committing fraud at the POE or being accused of such. Either he tells the truth and gets sent back, or he lies and is eventually deported.