AOS interview

[babytoe 0]

I am applying for an Adjustment of Status from F1 visa based on my marriage to a US citizen.

I was outside the US during summer (2007), and 2 months after my re-entry to the US with my F-1 visa we had our wedding reception (just a social recognition, and not a legal marriage ceremony). Then we had the civil ceremony (over 3 month after my re-entry) and applied for my AOS a few more months later.

I have read before that application for adjustment of status might be construed by the USCIS to be a visa fraud if a person gets married and apply for AOS shortly after entering the US on a non-immigrant visa, such as F1.

The general rule, as I understand it, is not to get married or apply for AOS within 60 days of entry to the US.

If the USCIS officer asks when we got engaged, would it be OK if it was before I re-entered the US on my F1 visa? Or should we be saying that we got engaged right after my re-entry to the US? (OR would it be work if we said that we got engaged before my travel outside the US, but decided WHEN we are getting married only after my re-entry to the US?)

On this website I have read that:

"filing immediately [after entry to the US] is still legal if you had no intent on marrying and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port of Entry."

I have been in F1 status for over several years, and my last visa renewal was in summer of 2006. So I had no idea about my future marriage when I got that visa, but I’m worried about “when you subsequently entered the US” part.

Someone (who I don’t think has ever applied for AOS) told me once that the 60-day rule matters only if you entered on the non-immigrant visa for the first time, but is that true? Or does that apply to any time you (re)enter with a non-immigrant visa?

I would really appreciate it if someone knowledgeable on this kind of situation can give me some advice.

Thanks!

[EstebanTrabajos 7]

The issue here is not if you got married after entry but if you applied for the F-1 visa with the intention to get married. You've had your student visa since along time ago, you'll be fine. Fraud would be to apply for a student visa with the intention to get married not to study.

I guess it'll b ok if you tell them that you got engaged after re-entry to the US. For example, we got engaged on July 07, I had my student visa since 2000, I met my wife on 2005. Since I live on the border, i used to go to Mexico at least once a month and still i didn't wait to get married, i think i even crossed the border one week before getting married.

Edited April 15, 2008 by GueraYTavo

[EstebanTrabajos 7]

The difference between you and me is that since I was crossing between bordertowns, they didn't have to issue a new I-94 every single time. When did you actually got engaged?

[babytoe 0]

The difference between you and me is that since I was crossing between bordertowns, they didn't have to issue a new I-94 every single time. When did you actually got engaged?

Thank you so much for the info, GueraYTavo!

So what matters is your intention when you get the visa and the first time you enter the US on that visa, but not when you re-enter on the same visa? That sounds very reassuring!

But then again if you didn’t get any I-94, can the USCIS even tell when you were in and out of the US? I wonder if our situation is different….??

We got engaged several months before I left the US to go home for the summer. I’d like to be straight forward in my interview so I won’t say anything contradictory, but then again I don’t want to say anything that raises a red flag either.

Do you know anyone who has been in similar situations and already got the green card?

I see that your interview is coming up in a few days. I hope it goes well!!