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  1. #1
    Join Date
    Dec 2013
    Posts
    4

    Default F1 Student Plans to Marry a U.S. Citizen

    I am on active F-1 visa status and going to graduate in May 2014. I and my fiancee have been in love for more than 3 years. He is now an U.S citizen. He studied in the same University with me but graduated earlier than me 1 year. We have decided to get married in Feb 2014. Our parents are Asian so they have chosen a good date for us to get married. That day is a good day for both of us and we should get married on that day or we have to wait until 2016. We really can't wait that long so I have few questions:
    1- Do we have to stay together immediately after getting marriage? It would be hard for me because i am still in college (stay on campus) and he is working in another city.
    2- Should we file I-130 and I-485 right after getting married? I don't know if it is a good move because the government would think we get married for green card. We are getting married in good faith. We love each other so much and want to stay together. I don't know what to do so i really need helps here.
    3- If we file I-130 and I-485, should i file for OPT for go to graduate school to stay in U.S legally while I-130 and I-485 is pending?
    The problem is that i still don't know which degree i should study for my graduate school. I want to have time to think about it. I don't want to go to work right after my graduation either. I just want to stay with my future husband and have few months break after 4 years of studying. My future husband will absolutely support me while i am neither working nor studying. We don't want long distance relationship. It will drive us crazy if we can't see each other at least once a week.
    4- After filing for I-130 and I-485, can i go to school and graduate normally?
    5- Our parents want to know how much in total for this green card process?
    Thank you so much in advance. Please help us with all of these questions.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: F1 Student Will Marry U.s Citizen

    Marrying then separating for 3 years will be viewed as fraudulent by immigration. You should wait until you plan on being together.

  3. #3
    Join Date
    Dec 2013
    Posts
    4

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    I am sorry i didn't put it correctly. We have been in love for 3 years and now we decided to get married. However, i am in college and he is in another city. We will be separated for about 3 months only.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    Seeing each other once a week is not a genuine marriage either.

  5. #5
    Join Date
    Dec 2013
    Posts
    4

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    We physically see each other at least once a week ( and stay together whole weekend), we talk and skype everyday. We get together anytime if possible. He is working in another city at the moment.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    I am not the one you will need to convince it is a real marriage.

  7. #7
    Join Date
    Dec 2013
    Posts
    4

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    Right. Let me put it this way. We have been loving each other for 3 years, now we decided to get marriage in Feb 2014. After i'm done with college, i will move and stay with him. Until then, i still have to stay on campus to finish my degree. Our problem is our parent have chosen a specific day on Feb 2014 for us to get married. They said after i graduate, there won't be a good day until 2016 which both of us can't wait that long. My question is: Do we have to stay together immediately after getting married? Should we file I-130 and I-485 after getting married ( about March or April 2014)?
    He is working in a small town so there won't be any graduate school for me to apply. So what should I do? Apply for OPT now or what to stay legally while I-130 and I-485 is pending? I don't know if it a good thing because i don't want to go to graduate school yet. I need times to think about what master degree i want.
    I am sorry for any confusion.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    Consult an immigration attorney. Once you stop attending classes you have 30 days to exit the country.

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: F1 Student Plans to Marry a U.S. Citizen

    OP, you aren't listening. If you marry, it is expected that you live together pretty much immediately. It doesn't matter how many times you rephrase the question.

    It would be one thing if you were only going to be apart for a week, but three months is another thing entirely. You really do need to consult an immigration attorney, and you'd do well to start talking to your citizen friends now about affidavits attesting to the length of your relationship. You're going to have to prove to Immigration that the marriage is bona fide.

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