Hari Bin Shan

All,

I am a USC and will be getting married to a F-1 visa holder in January.

The wedding is planned to take place in India and we will be returning

back together. My fiance's F-1 visa is valid for another 3 years as
she progresses through her Ph.D. program, which she intends to complete

in 2009.

At present, we are undecided as to where to we will live after she
completes her program, since I am likely to take up an assignment in
Europe or the Middle East and she may join me there.

Based on the above, I would like to know if anyone has had
experience/knowledge of USC marrying an F-1 visa holder overseas and
travel back to the US. More specifically:

1. Does the F-1 visa or status change by way of Marriage to a USC?

2. Will there be any issue at a US Port of Entry (POE) for my F-1 visa
holding spouse given that she is now married to a USC?

3. Over time, if we so decide that we will settle in the US, what are
the options available to us for a legal transition for my spouse to a
LPR status?

4. What issues, if any, are likely to be faced by my spouse when
traveling in and out of the US (for vacation, conferences, etc.) with
her valid F-1 visa, as long as she has the I-20 duly authorized?

Any insight to the above would be welcome. Thanks.

Regards,
Hari

-Folinskyinla

> All,
>
> I am a USC and will be getting married to a F-1 visa holder in
> January.
>
> The wedding is planned to take place in India and we will be
> returning
>
> back together. My fiance's F-1 visa is valid for another 3 years as
> she progresses through her Ph.D. program, which she intends to
> complete
>
> in 2009.
>
> At present, we are undecided as to where to we will live after she
> completes her program, since I am likely to take up an assignment in
> Europe or the Middle East and she may join me there.
>
> Based on the above, I would like to know if anyone has had
> experience/knowledge of USC marrying an F-1 visa holder overseas and
> travel back to the US. More specifically:
>
> 1. Does the F-1 visa or status change by way of Marriage to a USC?
>
> 2. Will there be any issue at a US Port of Entry (POE) for my F-1 visa
> holding spouse given that she is now married to a USC?
>
> 3. Over time, if we so decide that we will settle in the US, what are
> the options available to us for a legal transition for my spouse to
> a
> LPR status?
>
> 4. What issues, if any, are likely to be faced by my spouse when
> traveling in and out of the US (for vacation, conferences, etc.)
> with
> her valid F-1 visa, as long as she has the I-20 duly authorized?
>
> Any insight to the above would be welcome. Thanks.
>
> Regards,
> Hari

Hi:

Question #1 -- no.
Question #2 -- perhaps.
Question #3 -- I-130/485 combined processing for adjustment of status.
Question #4 -- the same issues for any F-1 entry.

General -- back in 1974, the BIA held in a case called Hosseinpour that
an alien did not violate F-1 status by marriage to a USC followed by an
adjustment application. In that case, the F-1 continued his studies just
as he was supposed to. He married, filed and then divorced. Hosseinpour
still lost on other grounds, but the legal point still remains.

Please note that Hosseinpour is, for some reason, little known by
government immigration people. Please note that Aiport Inspectors have
total discretion to refuse admission.

You may want to consult with a good immigration attorney about
your plans.

Good luck.