Can I renew my F-1 visa (now in OPT status) if I am engaged to an US citizen?

Question

I am in an F1 visa - now in OPT status because I am working in the US. I want to be able to travel abroad, so I want to renew my F1 visa in canada, before applying to advance parole. Can I renew my F1 visa if I am engaged and planning to marry a US citizen? Is it ilegal to enter the US in an F1 visa, if I am planning to marry an american citizen?

The advance parole takes 3 months in Boston, so I dont want to wait all this time.

Thank you!

Answer 1

No the F1 is a non-immigration visa. It could get you in trouble using that to enter and marry. Have your fiance apply for a K1 fiance visa. You will then have 90 days to marry and then apply for the green card.

Answer 2

Get married, apply for a change of status, an advance parole, and all the other paperwork you need. It may be a pain but you can not enter the US by committing visa fraud (lying about the reason(s) for coming to the US is visa fraud) and think the USCIS will give you a green card. Do it right!

EDIT:

     ibu, my wife (who came here to get another degree after graduating from "University" in her country on a F-1 visa) was not allowed to leave the country without a advanced parole. This may have been a number of years ago but I believe the rule still applies!

Answer 3

Grow a very large dose of patience.  You cannot renew your student visa.  You cannot re-enter the US intending to get married unless you enter on a fiance visa.

You must return to your home country and stay there while your fiance applies for your visa.  It will take about a year.  If you are approved, you have 90 days to come to the US, get married, and your new spouse file for a spousal visa.  If you do it this way, you will probably be allowed to remain in the US while the spousal visa is processed.

If you marry while on the F1 visa, that visa is immediately revoked.  You must promptly depart the US and remain in your own country while your spouse applies for a spousal visa.  Since you will not be living together, it is more difficult to prove a valid marriage.  It takes about 2 years to get the spousal visa this way and you may not leave your own country while it is being processed.