Ashburn, VA asked in Immigration Law for Washington

Q: What are the legal consequences of marrying a F1 visa holder that is breaking their visa terms by working?

I am a US citizen and I'm close to marrying a non-citizen. They are on a F1 visa but are working. I've read online that if caught, the consequences are deportation. What happens if I marry them? I've read that a marriage to a recent visa holder will trigger an audit and a trial period of 2 years. So it's likely they get caught working, since I believe their workplace has recently started reporting income to the IRS. I don't want to marry if it gets them deported. What's their immigration status after we get married? Will there be any potential legal consequences for me?

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1 Lawyer Answer
Deron Edward Smallcomb
Deron Edward Smallcomb
  • Immigration Law Lawyer
  • San Diego, CA

A: You would be best served by consulting an experienced immigration attorney for a concrete answer. But in general, work is forgiven when the adjustment of status is based on marriage to a USC.

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