F-1 applying for marraige based AOS - advice needed

[sunshine237 0]

Hey,

I am knew to this forum and might be fretting over nothing. I am a F-1 student married to a US citizen. I knew my husband before I came to US (which was 5 years back). We got married in May 07 and I am applying for AOS in Jan 2008. Is it an issue that I knew my husband since before I came to US, even though I had all the intentions to pursue my PhD? Also, immediately after I came here we opened a joint account since, I didn't have enough credit history yet to open it myself. Do you think it is a red flag? Please help....

Thanks

Edited January 3, 2008 by sunshine237

[Spiderette 0]

I don't think you have any problems applying for AOS... I married my husband when I was on a F1 student visa.

I do believe you have to still be a full-time student (to fill-ful the obligation of your current status) until your new status (perm. res) is approved.

[sunshine237 0]

I don't think you have any problems applying for AOS... I married my husband when I was on a F1 student visa.

I do believe you have to still be a full-time student (to fill-ful the obligation of your current status) until your new status (perm. res) is approved.

Oh Great. So it will not be considered as fraud? Did you know your husband before you/he came to US? Does having joint finances affect my case?

I might be getting paranoid for nothing, but just want to make sure my facts are right.

Thanks

[YuAndDan 153]

I don't think you have any problems applying for AOS... I married my husband when I was on a F1 student visa.

I do believe you have to still be a full-time student (to fill-ful the obligation of your current status) until your new status (perm. res) is approved.

Oh Great. So it will not be considered as fraud? Did you know your husband before you/he came to US? Does having joint finances affect my case?

I might be getting paranoid for nothing, but just want to make sure my facts are right.

Thanks

It is visa fraud if applied for the F-1 with the intent to marry and immigrate as apposed to just being a student. If entry on the F-1 was for study only, and then met someone and married, this is acceptable.

AOS from other visa requires an I-130 included in the AOS package.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Spiderette 0]

(No, I didn't know my husband before I moved here - I moved here in 01, met him in 03 and married in 04, we joint bank accounts about 3 months before we got married)

Joint finance will probably help your case.... as long as you are fulfilling the requirements of your F1 visa you are not committing fraud.

If you obtained a F1, came to the US and didn't study, or have stopped studying, that would be suspicious and cause for alarm. (because you would have only obtained the visa to gain entry into the US)

You say you had intentions of pursuing your degree... does that mean you didn't study in the US at all?????

[sunshine237 0]

(No, I didn't know my husband before I moved here - I moved here in 01, met him in 03 and married in 04, we joint bank accounts about 3 months before we got married)

Joint finance will probably help your case.... as long as you are fulfilling the requirements of your F1 visa you are not committing fraud.

If you obtained a F1, came to the US and didn't study, or have stopped studying, that would be suspicious and cause for alarm. (because you would have only obtained the visa to gain entry into the US)

You say you had intentions of pursuing your degree... does that mean you didn't study in the US at all?????

Yes. I am still studying (Pursuing PhD, which takes for ever). I guess then I should not have problems, since I am still pursuing my degree.

Thanks for your help. I got really nervous after reading F-1 to GC discussion online.

[Nyte 1]

(No, I didn't know my husband before I moved here - I moved here in 01, met him in 03 and married in 04, we joint bank accounts about 3 months before we got married)

Joint finance will probably help your case.... as long as you are fulfilling the requirements of your F1 visa you are not committing fraud.

If you obtained a F1, came to the US and didn't study, or have stopped studying, that would be suspicious and cause for alarm. (because you would have only obtained the visa to gain entry into the US)

You say you had intentions of pursuing your degree... does that mean you didn't study in the US at all?????

Yes. I am still studying (Pursuing PhD, which takes for ever). I guess then I should not have problems, since I am still pursuing my degree.

Thanks for your help. I got really nervous after reading F-1 to GC discussion online.

My wife and I are in the exact same situation. She came as F-1, and we knew each other before. Our interview is coming up at the end of this month, but I doubt we'll have any problems at all

Once you file the AOS paperwork, your status changes to I-485 Status Pending, so you're free to remain in the US until at least your case is decided upon.

[sunshine237 0]

(No, I didn't know my husband before I moved here - I moved here in 01, met him in 03 and married in 04, we joint bank accounts about 3 months before we got married)

Joint finance will probably help your case.... as long as you are fulfilling the requirements of your F1 visa you are not committing fraud.

If you obtained a F1, came to the US and didn't study, or have stopped studying, that would be suspicious and cause for alarm. (because you would have only obtained the visa to gain entry into the US)

You say you had intentions of pursuing your degree... does that mean you didn't study in the US at all?????

Yes. I am still studying (Pursuing PhD, which takes for ever). I guess then I should not have problems, since I am still pursuing my degree.

Thanks for your help. I got really nervous after reading F-1 to GC discussion online.

My wife and I are in the exact same situation. She came as F-1, and we knew each other before. Our interview is coming up at the end of this month, but I doubt we'll have any problems at all

Once you file the AOS paperwork, your status changes to I-485 Status Pending, so you're free to remain in the US until at least your case is decided upon.

That makes me feel better. One other problem we might face is that my husband and I live in different states due to work/study related inflexibility. We travel once every 2 weeks, but I hope that does not go against validity of marriage.