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F1 Student Wants to Marry a Citizen and Immigrate

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  • 12-22-2012, 03:36 AM
    tiff123
    F1 Student Wants to Marry a Citizen and Immigrate
    My question involves marriage law for the State of:

    Hello,

    I was a J-1 from 2010-2011, went back to my home country to apply for the F-1 visa to study in US.
    now I am a F-1 Student in Cal since 01.2012.

    After my first semester I had to go back to my home country again because of a family situation.
    my boyfriend in CAL now purposed to me and I said yes.

    1. what do I have to do from now?
    2. How long does it take for me to get the green card?
    3. will I get the tuition cost of an Cal citizen too? if yes how long does it take to have this advantage?
    4. I already have a car registered under my name and a drivers licens there.
    5. Can i MARRY ON MY f-1 VISA?


    thank you
  • 12-22-2012, 09:21 AM
    Disagreeable
    Re: F1 Student Wants to Marry a Citizen and Immigrate
    Sure you can marry on your F-1. You can also be refused adjustment for misusing the visa and deported. Apply for a fiance visa and do it legally.
  • 12-23-2012, 12:45 AM
    davidmcbeth3
    Re: F1 Student Wants to Marry a Citizen and Immigrate
    I assume you are going back to CA after the family situation is settled....

    Then marry to person if you wish .. you can marry on f-1 ... state welcomes all in this respect
    Green card? Its pretty quick .. but time is of no issue, once applied for you'll be OK to stay

    CA citizen? Unknown to me, maybe others will chime in ... same with tuition (although your school should be able to tell you these answers)

    But then you would live in CA ? Eh, up to you I guess.
  • 12-23-2012, 02:22 PM
    Mr. Knowitall
    Re: F1 Student Wants to Marry a Citizen and Immigrate
    Are you subject to the two year HRR following the conclusion of your J1 visa?

    You can marry, but if you're subject to the HRR you need to either get a waiver or fulfill that requirement.

    If you enter on a F1 visa with the intention of marrying and adjusting your status, and the USCIS figures out your intention, you can be permanently excluded from the U.S. based on your fraudulent representation when entering on a non-immigrant visa.

    Why not have your boyfriend seek a fiancée visa, assuming you aren't subject to the two year HRR.
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