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Can a F1 student enter this fall for a 3 year degree, leave in December to get married abroad to a US Green Card Holder ?

Jersey City, NJ |

...And enter as a married couple ? Also - can the green card holder wait till he becomes a citizen to file for the I-130 ? And can the F1 student leave the country to go back to her home country and will she be questioned on reentry or would it be perfectly legal to do so ?

Attorney Answers 3


If you marry a permanent resident, you probably will be allowed to reenter the U.S. Get married after your fiancee naturalizes.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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It can be tricky. The marriage will 'run' contrary to the requirement that you maintain non-immigrant intent. But, I suspect you already know this.

Meet with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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You are always questioned about your intent at the POE.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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