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Greencard holder potential marriage to an F1 visa holder

Palo Alto, CA |

Dear Attorneys, I am a U.S. Greencard holder. I received a potential alliance from this girl who lives in India. Now she is interested in pursuing higher studies in the U.S. on an F1 visa and is planning to apply to some schools close to where I live. Since as a Greencard holder I don’t have a choice to bring my spouse on F1 visa, the idea is that once she finishes her school only then we will register our marriage in the U.S. Our families though would like the marriage to be registered in India before she comes here so that we can start living together while she is in school. (We both are in our mid 30’s). So I was thinking that if she gets an F1 visa and then I go to India and have a registered marriage there, can she still come to the U.S. on an F1 visa? Many thanks for your help.

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Attorney answers 6


Depends on the consular officer and the admitting officer. If they do not believe she will return home, then no.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



Don't try to play a 'registration game' with the US government.

Talk to a lawyer ... so that you can learn all the things about this idea that are both bad, and possibly against the law.

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.


Not a good idea as the F1 is nonimmigrant intent but marriage ot a USC is immigrant intent. It may be seen as visa fraud. Get married once she enters the USA


If you marry in India, she will mention that her husband is a permanent resident on her visa application. With a permanent resident spouse, she is unlikely to qualify for a non immigrant F-1 visa.

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.


Don't get married in India. If USCIS sees she is married to a green card holder in the U.S. and then wants to go to the U.S. on a f-1 visa (temporary visa) they will believe she plans on staying in the U.S. permanently. Don't get married until after she comes to the U.S.


LORIC Immigration Solutions

Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933

The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.



John Lassen 1-877-252-4630

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