When should we get married and start the AOS process???

[Ansleis 0]

Hello,

I have tons of questions! The more I read these kinds of forms, the more confused I get... Ugh!

So, I'm on a student visa, currently doing OPT. My OPT expires at the end of May. My hope is that I get a new EAD card before my current one expires. So, I wanna get married and start the whole process so I can get a new EAD before the end of May.

Well, that sounded so selfish... No, I'm marrying my fiance for love, not for my EAD or green card! For real!

The problem is, my fiance goes to college in another state. He's not moving back until early May! So, if we get married and start the process after he moves back, I'm definitely not going to get a new EAD before my current one expires. So, I wanna do this at least a few months before May.

But if we do get married, let's say, in March, and file the paperwork then, we won't be able to put the same address because we're not living together. So, it'll look bad... Why aren't we living together if we're married, right?

Another problem for starting the paperwork early is that since he's in college now, he's not making money. I'm actually making a lot of money, but can we put my income on I-864? I read somewhere that the petitioner could use their relative's income as long as they lived with the petitioner in the last 6 months. Is this different if this relative is the intended immigrant?

The other thing is that I read somewhere that if you enter US on a student visa or another type of visa, you shouldn't file AOS too quickly. Well, I came to US on a student visa in 1999, but I've been visiting my family at least once a year. I'm going home again in December, and coming back in January. My fiance and I were planning on getting married in January, but that would look bad, wouldn't it? Because I will have just entered US only a few weeks before I get married...

Then I guess we have to wait until May? There's no harm in waiting until May because then everything is legitimate then. We will be living together, he'll have a job, etc. The only thing is my EAD expires in May, so I can't legally work until I get a new one... But my employer doesn't really know that I'm on a student visa. The HR manager doesn't even check for my EAD card. So, I could work for another few months after my EAD expires and until I get a new one...

What does everyone think?

Ansleis

[Bforbarree 4]

I know what you mean, this process is very confusing in the simplest of cases!

Your situation is very different to ours as we applied for a K-1 visa for my fiance to enter the US, whilst you are already here. We were planning to come back to the US and get married but then found out that if you entered the US (on the visa waiver program) with the intent to get married and stay in the country it was visa fraud and if USCIS decided to pursue the matter it could result in a ban.

I do not know anything about student visas, and can not advise you but if I were in your position...planning to apply for AOS soon I would not break any immigration laws...in other words...if my work permit expired, I'd stop working until it was renewed...and if you leave the US and return on another student visa and mention at the point of entry that you are planning to marry and apply for AOS...from what I have read you may be denied entry.

Hopefully someone else will be along soon and can help with your questions.

Cheers,

B

Hello,

I have tons of questions! The more I read these kinds of forms, the more confused I get... Ugh!

So, I'm on a student visa, currently doing OPT. My OPT expires at the end of May. My hope is that I get a new EAD card before my current one expires. So, I wanna get married and start the whole process so I can get a new EAD before the end of May.

Well, that sounded so selfish... No, I'm marrying my fiance for love, not for my EAD or green card! For real!

The problem is, my fiance goes to college in another state. He's not moving back until early May! So, if we get married and start the process after he moves back, I'm definitely not going to get a new EAD before my current one expires. So, I wanna do this at least a few months before May.

But if we do get married, let's say, in March, and file the paperwork then, we won't be able to put the same address because we're not living together. So, it'll look bad... Why aren't we living together if we're married, right?

Another problem for starting the paperwork early is that since he's in college now, he's not making money. I'm actually making a lot of money, but can we put my income on I-864? I read somewhere that the petitioner could use their relative's income as long as they lived with the petitioner in the last 6 months. Is this different if this relative is the intended immigrant?

The other thing is that I read somewhere that if you enter US on a student visa or another type of visa, you shouldn't file AOS too quickly. Well, I came to US on a student visa in 1999, but I've been visiting my family at least once a year. I'm going home again in December, and coming back in January. My fiance and I were planning on getting married in January, but that would look bad, wouldn't it? Because I will have just entered US only a few weeks before I get married...

Then I guess we have to wait until May? There's no harm in waiting until May because then everything is legitimate then. We will be living together, he'll have a job, etc. The only thing is my EAD expires in May, so I can't legally work until I get a new one... But my employer doesn't really know that I'm on a student visa. The HR manager doesn't even check for my EAD card. So, I could work for another few months after my EAD expires and until I get a new one...

What does everyone think?

Ansleis

[Ansleis 0]

Thanks for quick reply! Well, when I enter US in January, I'm going to enter as a student doing OPT because that's the truth. When they ask me what my plans are, I will tell them I plan to move back. People, even my international student advisers and immigration officers at the embassy, have told me to always say that I plan to move back since I'm on a student visa. So, that's what I'm going to do. I'm just worried that those officers at the airport actually are writing down everything we say or even secretly videotaping us. I doubt it, but what if I say that I plan to move back, but a few months later, I get married? I mean, plans always change, so they can't do anything about it.

We will see. I always get nervous at the airport, though, even though I know I'm entering legally, and I'm not doing anything wrong.

Ansleis

I know what you mean, this process is very confusing in the simplest of cases!

Your situation is very different to ours as we applied for a K-1 visa for my fiance to enter the US, whilst you are already here. We were planning to come back to the US and get married but then found out that if you entered the US (on the visa waiver program) with the intent to get married and stay in the country it was visa fraud and if USCIS decided to pursue the matter it could result in a ban.

I do not know anything about student visas, and can not advise you but if I were in your position...planning to apply for AOS soon I would not break any immigration laws...in other words...if my work permit expired, I'd stop working until it was renewed...and if you leave the US and return on another student visa and mention at the point of entry that you are planning to marry and apply for AOS...from what I have read you may be denied entry.

Hopefully someone else will be along soon and can help with your questions.

Cheers,

B

[LikeALadybug 2]

You can apply for AOS after you marry but you have to stay in the states until this process has been approved or apply for advanced parole - you CANNOT leave for any reason with out that. Read the AOS guide, they explain everything pretty good.

I'm on OPT and have applied for AOS, it's perfectly legal. If they will question why you don't live together I don't know, I would assume you have a pretty good reason that you could include in your application. If it's "safer' to wait until you can live together, I have no idea.

And of course you will say if any one asks when you enter the country that you are leaving when your visa expires, you have technically signed a contract with the USA when you applied for your student visa promising you will leave. But things change, lives happen...I have traveled into the USA with my now husband and daughter on a F1 visa several times, no one never questioned or denied me entry although they could see that I have ties to the USA now and will probably not be leaving at the end of my studies. My point is, they are human regardless of what some may think, and even if they were writing down everything you say (or secretly film you) which I highly doubt, they will not use it against later on.

Regarding working illegally, you can probably get away with... at least until immigrations catches up with you. As soon as they start processing your case they will find out, everything is trackable by your SS and probably tax ID #. They will fine you at a minimum. How much, I don't know, but working illegally is not looked upon as lightly. It's a serious offense and probably not worth the risk. I suggest you save up if cannot get your EAD's to overlap.

Good luck!

[MargotDarko 0]

Thanks for quick reply! Well, when I enter US in January, I'm going to enter as a student doing OPT because that's the truth. When they ask me what my plans are, I will tell them I plan to move back.

I'm sorry to say that this is a serious problem and would actually constitute visa fraud. The system should be easier for couples who are in love and just want to stay in same country!

It is fraud to enter on the student visa with the intent of staying and adjusting status with the I-485 through marriage. If you were able to remain in the US continuously from this point (so that on your most recent entry there was no intent - assuming there wasn't intent at that time - don't know your situation on your last entry), then you would be able to file the I-485 legally.

You will be questioned about your relationship. It will be highly suspicious that you were in a relationship before your most recent entry and that you married shortly after returning to the states. You need to prove you had no intent, which you couldn't because you did.

If you really cannot just stay in the states or if you did have intent on your most recent entry, then you will need to look at getting a K1 visa or getting married and filing for a spousal visa, which requires an interview at home. Good luck!

[canadian_wife 1,822]

I'm sorry but I do have to agree with MargotDarko. Entering on an OPT and declaring to the US customs that you intend to leave when you OPT expires is actually lying to them if you are planning a wedding and planning on adjusting status. This can result in a life time ban, do you want to risk that just because you didn't tell the truth?

Also sweetie, no they aren't videotaping you secretly. They are videotaping you overtly. Take a look around next time, the cameras are everywhere and out in the open. In Atlanta and Toronto customs, they even have audio recorders to tape what you say. And when I used to cross on my F-1 and OPT, they entered all my intents when I crossed. Count on them doing the same for you.

Plus, you CANNOT work after your EAD expires. Regardless if your employer checks EAD or not. If you apply for an immigrant visa they will run your SS number (which you HAVE to give them if you are on OPT becasue they already know you have one) they will see that your EAD expired yet you were still receiving payments and your SS was being run at every paycheque. Working illegally is a one way ticket to denial.

Be careful what you say and what you do if you intend to legally immigrate to the US. Expect them to know WAY more then you think they do. Because they usually do. And the excuse of "Plans change, life happens" is a poor excuse and will not fly with the US customs

[LikeALadybug 2]

"Plans change, life happens" is not an excuse, its reality. So should she just not come back into the country all though she has studies or a job to finish because she plans on getting married and that is being deceitful? It's not like she applied for her student visa well aware that she was getting married ,she already had it and because she went home to see her family it doesn't mean she should stay home and go the k3 route, that would make no sense. It's not a lie saying she is there to study/work on OPT when that is what she is in fact doing. If they were to ask her directly if she was entering to get married then I would assume she would tell the truth as that would otherwise be a direct lie and not recommended.

But honestly, I don't know why they would ask if she plans on leaving anyway - it is assumed when you get a student visa that you will leave but because life does in fact happen, there is the AOS option for situations like this. It is not illegal and it is obviously not considered fraud, otherwise they would not allow it. Of all the times I went in and out of the country, I was never asked if I intended to leave again and I obviously have ties to the USA. This summer when I came back from holiday in Canada we were asked to step out of the car as I assumed they would, and they just asked about where I work (I'm on OPT) and then the guy suggested if we got married I would have an easier time getting in and out of the country. If that is fraud, why would border control he suggest that then?

[canadian_wife 1,822]

What I said was, if she tells the boarder patrol that she intends to leave the country after her OPT expires but she, in fact, has no intention of doing which clearly she does not since she is asking when she should get married and adjust her status, then YES that is visa fraud because she is lying to the agent.

[payxibka 10,045]

It is all about intent at two different points in time...

1) Intent when visa was applied for/Issued

2) Intent at entry into the USA

[MargotDarko 0]

It is not illegal and it is obviously not considered fraud, otherwise they would not allow it.

It is true that plans change and life happens. The trouble is re-entering on a non-immigrant visa that does not allow for AOS and then trying to adjust status. That truly is visa fraud. Border control suggested that you get married but did not suggest you then try to adjust status - if a particular officer did suggest you file the I-130 and I-485 and adjust status without gaining the appropriate visa, then he or she was mistaken.

It would be fine to get married in the US and start the visa process and remain until the original visa expires. Once there is intent to immigrate when entering, it is so longer legal to adjust status before gaining the appropriate visa.

For example, a person could come on a student visa, meet someone, get married, and adjust status perfectly legally as long as their stay is continuous. Once intent to immigrate occurs, the person cannot leave the US, return on the student visa, and then adjust status legally. It's stupid but it's true, and I would really hate to see anyone get into serious trouble for it.

[LikeALadybug 2]

It seems a little dumb really to reply to this since we all obviously have different definitions of what is fraud.

Lucky for me, immigrations sides with me; if they considered it fraud to adjust from F1 then it would not be an option.

And just to clarify, when I entered this summer I had no particular intentions of marrying and staying; we were at that point seriously discussing moving back to my country but I was offered a job over here I really wanted, so we went ahead and adjusted status. It would make no sense to leave and go the long route when we already have a life and a child together, especially when there is the option which is also available for F1 students, to adjust status. It is not considered fraud unless you apply for the visa with the intentions of marrying - but why would you do that when there are visitor visas if that was your intentions.

Also, no the migration officer did not specify which papers I should fill out, I honestly don't think he would know the exact forms if he was asked. He did not, however, suggest that I travel home. I do not remember the exact wording, but the conversation we had made us realize I could adjust status from within, something I was not aware of at the time. We had always just planned on marrying in Denmark and apply from there to keep our little family together in case we decided to come back to the USA.

You don't have to agree, I have noticed a lot of people who seem a little miffed by the whole AOS status when they waited abroad. I'm sorry for you if that is what you had to go though, but that does not make all students AOS's fraudulent. It is an option that is available for students regardless of original intentions of going home when your studies were over.

My point all along when I started to reply was that migrations are people with families of their own - they are not always cold and heartless as some think and they do not attempt to break up families just because you are on a certain visa. They could apparently have denied me entry several times since I obviously had ties to the USA and instead in airports I was always asked to enter through the line for American citizens on my F1 visa when I traveled with my then boyfriend and child.

But I guess the definition of what fraud is can be pretty broad.

To the OP I hope you figure things out, obviously I don't think you will be committing fraud, but you never know what an immigration officer might think I guess.

[Ansleis 0]

Hi everyone,

Oh, wow, I didn't know that the discussion was going on while I was away for a few days... Well, thanks everyone for thinking about this.

Well, I'm going home in December to see my family for about 10 days. I'm coming back to the states after that, entering on a student visa, doing OPT because that's what I'm doing. It is not a lie. My OPT is through the end of May. So, when the immigration officer asks me what my purpose is, I'll tell them that I'm doing OPT. If they ask what my plans are, I'll tell them, "well, I might go home (to visit) or go back to school to get a BCBA certificate." Well, it's kind of a lie because I'm not planning on going home permanently, but only once a year to visit, but I'm planning on getting a BCBA certificate. Hey, it's not a lie when you don't tell the whole truth!

Oh, sh--, I didn't know that they actually videotape or record what you say.

Well, I really don't know what the best way to do this. I guess I could just wait until May... I mean, I don't want to feel like I'm doing anything wrong by marrying someone I love... Yeah, I came to this country on a student visa. I didn't plan on getting married at that time. I came here to go to college. Yeah, along the way, I got a nice job and realized that I wanted to stay in this country permanently, but that was not my original intent. I thought about getting a working visa, too.

Ugh, I don't want to think about this right now. It's stressing me out.

[bluegreen 0]

Is there any way you can not go home to visit your family this December?

I would stay here, get married in February, file immediately and then you will have your EAD by May.That way, you will avoid any question of your intent. Almost every single person who adjusts from a non-immigraant visa is at least asked about their last date of entry. Maybe not intent, but at least the last entry. I just would want to take the safest route possible.

I think you will be okay with the separate addresses if you at least try and have some joint things– a bank account, lease (can one of you get on the other's lease?? Even w/o living there?) etc. You WILL be living together by the time your interview comes around, and you can bring fresh proof of that.

I know it is sad to miss a visit home, but one thing I have found through this process is that you cannot ever really have your cake and eat it too. I had a very quick and smooth AOS from tourist process, but I still had to get legally married LONG before our scheduled family wedding, had to drop everything at home leading to major chaos, and missed many important family events which I had scheduled before plans changed. It sucked, but it was worth it. Basically, I realized that the benefits of getting legally married immediately outweighed all my other options, but there were pluses and minuses to each of my options. To me, from the outside looking in, a visit home is a big deal, but not as big a deal as worrying throughout the entire AOS process that your intent will be seriously questioned at your interview. Similarly, I would think that the question of your living together is of less concern than being able to continue your employment, especially if YOUR income is the one determining your eligibility.

If they pull you into secondary questioning at the POE, you can bet that they will keep a detailed record and that it could very well show up at your interview. What you say at POE and what you say at the interview must be consistent.

[bluegreen 0]

It seems a little dumb really to reply to this since we all obviously have different definitions of what is fraud.

Lucky for me, immigrations sides with me; if they considered it fraud to adjust from F1 then it would not be an option.

And just to clarify, when I entered this summer I had no particular intentions of marrying and staying; we were at that point seriously discussing moving back to my country but I was offered a job over here I really wanted, so we went ahead and adjusted status. It would make no sense to leave and go the long route when we already have a life and a child together, especially when there is the option which is also available for F1 students, to adjust status. It is not considered fraud unless you apply for the visa with the intentions of marrying - but why would you do that when there are visitor visas if that was your intentions.

Also, no the migration officer did not specify which papers I should fill out, I honestly don't think he would know the exact forms if he was asked. He did not, however, suggest that I travel home. I do not remember the exact wording, but the conversation we had made us realize I could adjust status from within, something I was not aware of at the time. We had always just planned on marrying in Denmark and apply from there to keep our little family together in case we decided to come back to the USA.

You don't have to agree, I have noticed a lot of people who seem a little miffed by the whole AOS status when they waited abroad. I'm sorry for you if that is what you had to go though, but that does not make all students AOS's fraudulent. It is an option that is available for students regardless of original intentions of going home when your studies were over.

My point all along when I started to reply was that migrations are people with families of their own - they are not always cold and heartless as some think and they do not attempt to break up families just because you are on a certain visa. They could apparently have denied me entry several times since I obviously had ties to the USA and instead in airports I was always asked to enter through the line for American citizens on my F1 visa when I traveled with my then boyfriend and child.

But I guess the definition of what fraud is can be pretty broad.

To the OP I hope you figure things out, obviously I don't think you will be committing fraud, but you never know what an immigration officer might think I guess.

Your officer's advice to get married in the US was good and helpful advice. He was right; that WAS a sensible course for you. The difference was, you weren't INTENDING to do that when you entered—HE suggested it, and you thought, "ohhh, yes, that IS a good idea." It is dumb semantics, but it makes a difference. You just said, you were thinking of returning to Denmark, and if asked, that is what you would have said. That officer sounds helpful and very human. They are NOT all like that. There are stories all over VJ about the petty, unbelievable reasons that people have been denied entry and even banned. It is super sad, but it is true, which it is why it is irresponsible to suggest that someone risk it.

No one has said it is fraud to adjust status from a student visa. And while we would all agree it is fraud to APPLY with the intent to immigrate, it is ALSO fraud to enter the country on a student visa with the intention of filing AOS. It is a fine line and the OP is being warned to tread carefully. Intent on entry is really, really key when filing AOS from a non-immigrant visa, regardless if it is after the first entry or the 20th re-entry on that visa.

I also agree that people do get miffed when they hear about the course we have taken compared to the longer spousal visa route. It is often because they are not completely educated about the legality of this method, and sometimes it is borne of frustration created by stress and anxiety and long separation. I can understand why they might get miffed when hearing that the OP is planning on being creative when asked about her intent to immigrate when she enters the country next. I feel lucky that I was able to do this, but I think it is really, really important to make sure 100% that your motives are very transparent and that you play it as straight as possible. There are already so many ways you can be called into question by immigration; make it easy on yourself by not giving them anything to latch onto. Staying in the US until your AOS is complete or at least till your AP arrives is the best way to do this.

[Ansleis 0]

Is there any way you can not go home to visit your family this December?

I would stay here, get married in February, file immediately and then you will have your EAD by May.That way, you will avoid any question of your intent. Almost every single person who adjusts from a non-immigraant visa is at least asked about their last date of entry. Maybe not intent, but at least the last entry. I just would want to take the safest route possible.

I think you will be okay with the separate addresses if you at least try and have some joint things– a bank account, lease (can one of you get on the other's lease?? Even w/o living there?) etc. You WILL be living together by the time your interview comes around, and you can bring fresh proof of that.

I know it is sad to miss a visit home, but one thing I have found through this process is that you cannot ever really have your cake and eat it too. I had a very quick and smooth AOS from tourist process, but I still had to get legally married LONG before our scheduled family wedding, had to drop everything at home leading to major chaos, and missed many important family events which I had scheduled before plans changed. It sucked, but it was worth it. Basically, I realized that the benefits of getting legally married immediately outweighed all my other options, but there were pluses and minuses to each of my options. To me, from the outside looking in, a visit home is a big deal, but not as big a deal as worrying throughout the entire AOS process that your intent will be seriously questioned at your interview. Similarly, I would think that the question of your living together is of less concern than being able to continue your employment, especially if YOUR income is the one determining your eligibility.

If they pull you into secondary questioning at the POE, you can bet that they will keep a detailed record and that it could very well show up at your interview. What you say at POE and what you say at the interview must be consistent.

Thanks for your reply. Well, there isn't any way I cannot go home. I'm going home to bring my fiance, and also my grandma passed away a few months earlier, so I have to go home to visit her grave.

Yes, we're planning on putting his name on my lease at some point. Also, I want to switch to cable from DSL, so we're going to do that together when he comes here on his winter break in two weeks.

I really hope that when I come back in January, I won't be questioned too much at the airport. I always get super nervous there even though I'm coming in legally and there's nothing to hide.

Well, now my fiance and I are planning on getting married early March when he comes to visit me. I can start filing then, and hopefully I'll receive my EAD by the end of May.

When you received your EAD card, when did the date on the card start? Was it the date you received it or was it the day it was approved?