Between Parties Both with Non-Immigration Status
Many non-immigrants marry other non-immigrants after they enter into the U.S. Basically, they may confer non-immigration benefits to each other as long as the marriage was entered into in good faith and not to circumvent immigration laws. Both of the non-immigrants should keep a valid status when they confer the non-immigration benefits. For example, a B-1 visitor, while staying in the U.S. falls in love with a student with F-1 status and later they married. The B-1 visitor may petition to change her status into F-2 by filing Form I-539.
However, the USCIS has the discretion to examine whether they have a genuine marital relationship. If the USCIS interprets that their marriage was a sham marriage, that is, the sole purpose of the marriage was to circumvent immigration laws, the USCIS may deny the petition. For example, if the USCIS finds that the B-1 visitor’s purpose behind the marriage was to prolong their stay as an F-2 status, the petition of changing B-1 status into F-2 may be denied by the USCIS.
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