Question about registering marriage, visiting Korea, and then filing for a green card
I’m planning to visit Korea for about 2 weeks in early September this year. As far as I know, marriage registration or a green card application can only happen 90 days after entering the U.S., and I understand it’s difficult to visit Korea before obtaining the green card. So would it be more efficient to register the marriage in the U.S. before visiting Korea, and then file for the green card after waiting 90 days following the Korea trip? Or should I visit Korea in September, wait 90 days, and then do both the marriage registration and green card filing back-to-back? I also read somewhere that the 90-day rule after entry doesn’t necessarily apply to F-1 student visa holders — is that true?
Registering your marriage in advance doesn’t necessarily suggest immigrant intent at entry, and it wouldn’t be detected at the airport anyway. So it’s fine to register the marriage first. However, after visiting Korea and re-entering, you should file for the marriage-based green card only after 90 days — otherwise it could be denied. Whether you register the marriage first or later is up to you.
Also, for someone who entered on F-1, please keep in mind that you should proceed with the green card only after 90 days. You can disregard other claims saying the 90-day rule doesn’t apply. Sometimes people get lucky and it works out fine, but if you happen to get a strict examining officer, you could receive an RFE, face long delays, or even be denied — and you’d have to pay the filing fee again.