lou123

Hi, new here and I hope someone can help.


I'm a UK citizen in status on a student F1 visa in the US. I'm returning to the UK in 3 weeks to renew my visa at the US embassy and then I'm marrying my US citizen fiance 3 days later and then returning to the US.

Here is the dilemma. On the form I have to fill in for the visa I have to say if I have a US fiance (which I will have). Right now I am intending to "forget" to check this box. I can't risk being denied the student visa as I'm coming back to finish my degree and I can't wait for a spouse visa.

I'm assuming this will work, as long as I in no way appear married coming through immigration (name the same, no rings etc.)

Also will this cause any problems later when I apply for a green card and they discover I was married upon entering the US on a student visa??

Thanks muchly
Lou

tbiller

Lying to immigration officials will ALWAYS come back to haunt you.

Deliberately omitting a tick-in-a-box on an visa document is lying.

I think (and please understand this only my opinion - backed up with what I have read here and on other forums concerned with immigration to and from the USA from the UK - and I'm only a beginner at all this myself) that what you propose is fraught with danger.

You may just get away with it when you fly back to the USA to finish your degree but please take me seriously when I say that this COULD have SERIOUS consequences for you in the future.

I can't offer you any alternatives other than not to do it this way. But as you state you "can't wait for the spousal visa" (is there some reason you absolutely must marry in the UK?) I assumet that wedding plans are advanced.

One more thing. If your fiance is flying in to the UK with you then if he/she says that they are coming to get married they also risk being turned back (as I assume they don't have a UK issues fiance visa?). And if they lie to UK immigration then the future consequences for them in regard to visiting/living in the UK ccould also be serious.

Sorry to be so black and white about it but this is not a game.

Good luck - Tim

Carl

I would agree that this plan is a VERY bad idea. People tend to notice things like this. How could you possibly claim that you don't have a finacee and then get married 3 days later.

I don't know how likey denial of your student visa would be. Do you intend on immigrating? If so, and you are truthful, then I would guess you would have problems.

Since you are here now - and I assume entered legal and did not lie to get here - you could easily get married now at the court house and save the "wedding" for later, as planned. After you are married, file for AOS and AP at the local BCIS office. Then you won't need a new visa to return to the US after your wedding ceremony and you won't have to lie.

Folinskyinla

Hi:

I agree -- bad move.

Also, I just looked at the DS-156 and I see that they've tightened up on question #37 quite a bit. It used to ask about the relatives "in the US" -- and now it asks about in the US or US status.

You are playing with matches here.

Elenfair

Chiming in with the choir...

Very bad move indeed. Nothing escapes BCIS in these matters - they nitpick about "none" versus "n/a" on forms... how would they ever let such a discrepency through?

Indeed, Mr Folinsky is right - you're playing with matches... nay, fire itself.

I can understand that you're in a tight situation because of your degree. I guess your ONLY choice is to be honest. Yes, you have a fiancee in the US and risk having the visa denied. If you simply had a fiancee and weren't planning to marry quite yet, you might be able to attach a note to your visa application that though you have a fiancee there, you don't intend to marry her while in the US (i.e. you're not immigrating/adjusting your status) on your student visa and that you intend to return to the UK after your degree is done, apply for the proper fiancee visa and wait in the UK until you get it... Dunno if that's a possibility.

One thing is for sure, you can't lie to BCIS and hope it won't get caught.

They're kinda nasty that way.

Elly

curlylocks

I presume you have already organized your wedding in the UK.... but maybe you didn't research the "INS" implications enough. I have a similar but not quite so serious prob. I am on an F1 visa that is not running out anytime soon so I dont have to renew it. I am getting married here in the US and was originally planning to leave the US the day after the wedding to honeymoon in Greece and have a reception in the UK. International Educational Services (wrongly) told me it wouldn't be a problem to change my status on return from my trip. Truth being if they found out on re-entry that I was trhying to re-enter the US on F1 while being married to a US citizen they would send me back to the UK to get the right visa. If I DID get back in, they could question it when I applied for residency. I have decided to postpone the trip until I have my advanced parole to avoid any possible porblems, especially since they are more vigilant now with F1 visas. Maybe you should get married here while your F1 is still valid and then apply for your change of status immediately, wait a couple of months and go back to the UK for a larger recpetion/ceremony there. Once you are married to a US citizen you can apply for your change of status immediately anyway, so if you went to the courthouse and just had a basic "marry me" ceremony, you may not even need to renew your F1 - you should check all this out with an immigration lawyer. www.lawyers.com has a chatroom on Mondays 2-3 when you can talk to an immegration lawyer (or 2) it's always good for some easy advice and quick questions.