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  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default Marrying a F1 Visa Holder

    I am getting married to a f-1 Visa holder in February 2014. On the 14th. His visa expires in June 2014 and His 1-20 in June 2016. Wondering what will have to be done to keep him here. Also, i am disabled. On SS. Although, i am going to school and hoping to get off of disability when i graduate in May 2014. What forms will we need to file after the wedding? Will he be able to continue his stay uninterrupted and will he be able to work right away? We need tips to on how it could work as we are both clueless about all these.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Getting Married to a F1 Student Visa Holder/Complications

    You've got a number of problems. I'm going to assume you are a citizen (otherwise you've got no basis to adjust his status based on marriage at all). First off, if he leaves, irregardless of what his Visa expiration date, he will strongly likely be inadmissible because you can't enter on an F-1 with immigrant intent which he now has. As long as he stays here and is enrolled, he's OK and you can seek to adjust his status.

    The biggest issue with you on disability and a student, is you can't likely meet the requirements to sponsor him. Unless you have a cosponsor, even if you are married, they won't adjust his status. You two should definitely get to an immigration lawyer.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting Married to a F1 Student Visa Holder/Complications

    Quote Quoting flyingron
    View Post
    First off, if he leaves, irregardless of what his Visa expiration date, he will strongly likely be inadmissible because you can't enter on an F-1 with immigrant intent which he now has.
    A fair point, in that if you announce an intend to immigrate you'll be turned back at the border if you are attempting to enter on a non-immigrant visa. At the same time, if you have not decided to try to gain permanent residency in the U.S. at the end of your studies, it's perfectly permissible to be married to a U.S. citizen while entering on a F1 visa, or to date or become engaged to a U.S. citizen.

    Absent a cosponsor, as you note, income for sponsorship would be a significant issue.

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

    Default Re: Marrying a F1 Visa Holder

    If you are on SSI, you are creating a world of problems for yourself. You will be required to declare your marriage and count assets, income etc. You cannot use SSI as part of his sponsorship. You are likely going to end up getting yourself kicked off SSI. If you are on SSDI the outlook is only slightly better.

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