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Between Parties Both with Non-Immigrant Status
Many non-immigrants marry other non-immigrants after they enter into the U.S. 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.
While staying in the United States, Victor, a B-1 visitor, falls in love with a student with F-1 status and later they married. Victor may petition to change his status into F-2 by filing Form I-539.
However, the USCIS has the discretion to examine whether Victor and his new spouse 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 Victor’s purpose behind the marriage was to prolong his stay with F-2 status, the petition of changing B-1 status into F-2 may be denied by the USCIS.
(Updated 10/8/2012 by AG)
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