Marrying a US citizen while on F-1 OPT, travel okay?

This is a discussion on Marrying a US citizen while on F-1 OPT, travel okay? within the Other Immigration Law & Visas forum, part of the IMMIGRATION LAW category; Hello! I am a British citizen currently on an F-1 visa in Washington State University. I am completing my Ph.D. ...

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Old Mar 24th, 2012, 05:30 PM   #1
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Default Marrying a US citizen while on F-1 OPT, travel okay?

Hello!

I am a British citizen currently on an F-1 visa in Washington State University. I am completing my Ph.D. studies in May 2012 and looking for jobs in higher education. I am currently applying for OPT and have a job offer in hand (though the job itself will not start until August because it is in higher ed, as that is when the semester will start).

I am marrying an American citizen, also in May. Our intent is to travel to the UK for a reception there in June. However, my visa has expired and I intend on renewing my visa while I am in the UK and returning to the US to undertake my OPT.

Based on this information, am I likely to encounter difficulties either renewing my visa or entering the US? I understand the burden of proof falls upon me to establish the intent not to immigrate. I can understand why a consulate officer or border officer may, looking at my circumstances, think otherwise. However, our intention is for my wife and I to return to the UK together upon completion of my F-1 OPT.

Please note I am not filing for residency or citizenship as a result of my marriage and have no intention to.

Thanks for your help!
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Old Mar 24th, 2012, 11:42 PM   #2
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Default Re: Marrying a US citizen while on F-1 OPT, travel okay?

I wish to inform you that if you intend to return to UK after completing your education then you can remain on F-1 visa. Change of status may be done if you intend to stay in USA after completion of your studies because then the purpose of your stay in USA has changed. At present your objective is that of study which can be achieved through F-1 visa category. In this regard you can also adjust your status to spouse of a US Citizen and have Green Card. The burden will be on you if you adjust your status to show that marriage is in good faith and out of natural love and affection. Your spouse can come to UK on marriage visa category.

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