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?
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.
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Carl Shusterman, Esq.
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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.
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