Q: I am Canadian and in US. How can I marry my American boyfriend of 2 years ASAP? My visa just changed from a J2 to an F1.
I am a Canadian citizen, and despite not having left the States in a couple of years, (and having resided in the US for the better part of 10 years before that) I needed to briefly cross the Canadian border the other day in order to change my J2 visa to an F1 visa. The reason for that is because I recently turned 21 and aged out of dependency status to my Canadian father's J1 visa. Our most immediate question now is if my boyfriend and I can legally get engaged within the next month, even though I just "reentered" the US on a student visa a few days ago... A follow-up question to that would be: how long do we need to wait until getting married now that I have "reentered" the US on a student visa?...
A:
Thanks for your question. The good news is that you have a fairly straightforward path to adjusting status to permanent residency. As long as you are married to a U.S. citizen, entered the country lawfully with status, and have no serious criminal history, then you should be qualified and approved. I would recommend waiting 90 days after entering the U.S. before getting married, but that is not an official rule. One other thing to check is if your J-1 visa has the two-year foreign residency requirement. Even if you changed to an F-1 visa, the foreign residency requirement would still apply.
After meeting with an immigration attorney, he or she can confirm all this with you and get you started.
A:
Your situation requires careful consideration due to immigration rules around marriage and student visas. While you can legally get engaged at any time, getting married immediately after entering on an F1 visa could raise concerns about preconceived intent - meaning officials might question whether you entered the US planning to adjust your status through marriage rather than to study.
Immigration officials generally look at a 90-day rule - if you marry and apply to adjust status within 90 days of entering the US, this could trigger extra scrutiny of your case. To be on the safer side, waiting at least 90 days after your recent entry before getting married would help demonstrate that you entered the US in good faith as a student.
Since you've had a long-term relationship and significant prior time in the US, these factors work in your favor. However, given the complexity of your situation with the recent visa change, speaking with an immigration attorney before proceeding with marriage plans would be wise - they can review your specific circumstances and help you navigate the timing to minimize any risks to your immigration status.
Joshua Joseph Despain agrees with this answer
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