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Registration Requirements and Change of Status for F1 Student Married Overseas

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  • 02-29-2012, 08:38 PM
    nishi
    Registration Requirements and Change of Status for F1 Student Married Overseas
    I am on student visa in US. During my last visit to India, I got married to a US citizen. I came back on same student visa but now I want to change my visa status. So what is the procedure and most importantly are we suppose to register here in US.
  • 03-01-2012, 07:41 AM
    T53147
    Re: Registration Requirements and Change of Status for F1 Student Married Overseas
    I am surprised you were admitted on F-1 since you are married to a US citizen. I hope you did not lie to any questions posed to you at the time of entry.

    The requirements and forms for family based immigration are on the USCIS website. If you have no issues in your background, you and your spouse should be able to complete them yourselves. If you have difficulty, engage an attorney. The US will recognized marriages properly registered in India; you do not need to do anything else to register your marriage in the US. However, if you did not complete all of the formalities in India, consult an attorney to determine the best strategy for your specific situation.
  • 03-01-2012, 11:40 AM
    Mr. Knowitall
    Re: Registration Requirements and Change of Status for F1 Student Married Overseas
    Being married to a citizen does not automatically mean that you intend to immigrate, but if the USCIS knows that a returning nonimmigrant has married a U.S. citizen I would expect them to inquire about it. Entering on a nonimmigrant visa involves representing that you do not intend to immigrate, so seeking adjustment of status shortly after entering as a nonimmigrant implicates the question of whether the entry was fraudulent. If we are talking about an entry a year or two ago it's more plausible to respond that at the time you entered you didn't intend to immigrate but that circumstances have changed; if we're talking about entry a week or two ago it's much less plausible. It would make sense to consult an immigration lawyer with the specifics.
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