Skip to main content

Will re-entering the US on an F-1 Visa after being married cause problems during adjustment of status?

Sunnyvale, CA |

I (citizen) married an F-1 Student. A couple of months after we married, she left the US for 2-3 weeks for a family matter, and was readmitted on her still valid F-1. (No adjustment of status had been filed yet.) We read later on that this was a bad idea, and that she could've been denied re-entry due to her marriage?!

This was obviously a huge, yet innocent, mistake on our part, and I'm thankful she did not have problems getting back into the US. I'm concerned that her problematic re-entry could come back to haunt us in filing for adjustment of status. Can it? And/or is there anything we can do about it?

Attorney Answers 5

Posted

No, don't worry, that was not a "bad idea" after all.. One can have the intent of resuming his/her nonimmigrant status (in this case F-1) upon admission back to the US, despite being married to a US citizen. There is no requirement that one file for a green card just because one is married to a USC. There are many people who are married to USCs but never intend to file for green cards because they intend to continue living abroad with their USC spouse, etc. and who enter the country on a visa waiver or B1/2 each time.. Yours is not an exception, don't worry.

You can file for adjustment of status anytime you want, but just to be on the safe side, wait at leat 60 days after last admission on F-1 status before doing so.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

2 found this helpful

4 lawyers agree

Posted

It's a problem. The issue is whether she committed a material misrepresentation in stating that she only intended to come to the US temporarily as a student when she intended to remain permanently.

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: www.shusterman.com (English)
www.inmigracion-abogado.com (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.

Mark as helpful

1 found this helpful

13 lawyers agree

Posted

You should not be very concerned.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

You should not be very concerned.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

A lot depends on what happen after the entry. Did she go to school or dropped out after entry? Your question is fact driven. It is best you privately discuss the issue with a competent immigration attorney.

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.

Mark as helpful

1 found this helpful

2 lawyers agree

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics