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F-1 student married to US citizen

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  • F-1 student married to US citizen

    Hi. I have been on F-1 visa since freshman year of high school and now I am a third year at a university in the US. The F-1 visa is valid for another 2 years. Before coming to my home country as I always do every summer, I got married to a US citizen, but I did not file adjustment of status and have no intentions on doing so. In a week, I will go back to the US to continue my studies, but recently I was told by others that I will be denied entry to the US because I married a US citizen. Is this true? Will this cause problems at the port of entry? Will the immigration officer know that I married a US citizen even though I did not file for adjustment of status? If yes, how can they know this? Thanks.

  • #2
    Why will you be denied entry? I dont see any reason if your visa is still valid and you have been maintaining status. Is there something else in your immigration history other than F1?

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    • #3
      Originally posted by orion
      Why will you be denied entry? I dont see any reason if your visa is still valid and you have been maintaining status. Is there something else in your immigration history other than F1?
      That's what I thought also since I didn't file adjustment of status and don't plan to. But some people said the immigration officers found out they were married and denied entry. I don't know if their stories are accurate or if they blatantly said they are going to apply for green card with their visitor or other nonimmigrant visas. They claimed that the immigration officers said marriage to US citizen means intention to immigrate. But how do they even know that you are married to a US citizen? Does it appear on their computer screen?
      What do you mean by something else in my immigration history? You mean before I got the F-1 in high school? Currently I am only on F-1 and my records are clean. Thanks for your response orion.
      Last edited by hjlim88; 08-16-2008, 09:35 PM.

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      • #4
        You do have an assumed immigration intent since you are married to a US citizen. You can - and should be denied entry.

        You should not have left the country until you have filed for AOS and received AP document. You must now have your spouse file for a spouse visa and wait in your home country until it is approved.

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        • #5
          Originally posted by C4us
          You do have an assumed immigration intent since you are married to a US citizen. You can - and should be denied entry.

          You should not have left the country until you have filed for AOS and received AP document. You must now have your spouse file for a spouse visa and wait in your home country until it is approved.
          Thanks for all your advices. I contacted couple immigration attorneys and they said I will be ok entering the US since I never planned to change my status and don't plan to in the future any time soon. that's why i never filed for AOS. If i was desperate for a green card, I would have married my wife earlier whom I dated for almost 5 years and apply for AOS couple years ago. I knew about the green card process and that one shouldn't leave the US if he or she intends to get the green card. but i never thought it would affect me as i just want to finish my studies and return home with my wife.
          Last edited by hjlim88; 08-18-2008, 08:21 PM.

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