Hello there
I am on F1 visa right now and my fiancee is american citizen. We started going out last year in january and are planning to marry soon. Last december we took a trip to india for her to meet my parents and get their approval. We went on separate dates but came back on same flight back to US. It is on our passport and records that we came back on same flight.
Now my concern is that the trip to india with her ( an american citizen) and me coming back on F1 visa can be considered a visa fraud or not ?
I have read at some place that since F1 visa is the “ non immigrant “ visa and one should not travel and come back in the country on it even if he/she is “planning” to marry an american citizen as the “non immigrant intent “ is compromised and the visa officials can take it as fraud.
Later on after marriage when I will show proof that we met in jan and then afterwards we went to india together where all my family is, USCIS will infer that I had some intent of marriage in my mind. Would my coming back on F1 be construed as visa fraud in this scenario? What are the chances ??

p.s. i entered US on F1 visa in august 2001 and have maintained full time status since then.

Traveling with a student visa when you intended to remain in the US could indeed be construed as visa fraud and depends in part on the officer who examines your file.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/