Travel after marriage to USC Wife

[desiboyz]

Hello

 

I am a student on F1 (3^rd year of 5 year PhD Program). I am planning to marry my USC GF next month. I have questions regarding the travel restrictions that come with it. I know that I cannot leave the country once I file for AoS and receive my AP. But what if I don’t file for my AoS and continue on my F1. Is it risky to try to re-enter with my F1 after I am married?

 

Thanks

 

[Attorney_21]

There is a some risk that you will be denied F-1 admission at the port-of-entry if the inspector discovers that you are married to a USC. Some officers will regard your future intent to apply for permanent residence as grounds to deny your admission (although there is no legal reason why you cannot be married to a USC and continue to be a non-immigrant).

 

Legally, you are permitted to enter as an F-1 if you don't have a present intent to file for adjustment of status - i.e. you currently intend to depart the United States at the conclusion of your non-immigrant status.

 

This is a very subjective determination, however, and different officers will treat this situation dofferently. I would normally advise against this if it can be avoided....

[desiboyz]

So, the best option is to apply for AoS after marriage, get AP and then travel?

I am formally engaged to my gf (not sure if there is a proof of it anywhere except the ring on her finger). Is travel right before the marriage (say 1 month before) also risky if i am engaged?