I recently got married overseas and I have yet to start the application for her to come here, but I also got her an i20 so she could come here as a student and if the visa is given I would just rather have a wedding here and start her papers.
In her application she will be asked to disclose her marital status. If she makes misrepresentations she will be subject to penalties, that may include not being able to obtain any kind of visa. If she enters on an F-1 visa and later files for adjustment of status based on a relationship with you, it will likely appear that she committed visa fraud. Your best best is to do the right thing and start the process for her to obtain an immigrant visa through the consulate abroad.
It is best to be honest with USCIS and the consulate. Since you are already married it would be best for her to obtain her green card abroad.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
You (and she) should have a consult with an immigration attorney to be aware of all the pitfalls that your question implies. A material misrepresentation about being married or single on the F1 visa application would be an issue of inadmissibility, which has a very high standard to overcome, and is likely NOT how she wants to represent herself. All questions must be truthfully answered both in writing for the visa application and in person at the Embassy and/or Port of Entry. Do not waste time guessing, and ruin your chance at a happy reunion in the US. Seek legal advice!!!
The application for the visa will request marital status. The disclosure must be made otherwise it will be considered a misrepresentation. A misrepresentation will require a waiver and waivers have a high threshold to obtain approval.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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