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

[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.

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?

I am pretty sure you can start as soon as you get the email that says your card production has been ordered. You can bring that to your HR and that is what they need to prove to anyone who asks that you are legal. You already have a SSN so no waiting to get that either.

Edited to add: the date on my card was the day it was produced.

Edited December 1, 2008 by bluegreen

[Jenn! 918]

I think people need to be careful about making suggestions to circumvent U.S. immigration law - you can not claim to have no intent to immigrate at the border when you know that is not true! Intent to immigrate at entry with a student or tourist visa is fraud period, not only when you are asked specifically by the officer at entry.

It is possible to adjust status from a student visa - as stated before, things happen. However, it is fraud to adjust status from a student visa when there was intent to do so at the last entry.

The intent at entry is the key, and it is often difficult to prove.

Edited December 1, 2008 by Jenn!

[AusCal 3]

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.

You should be super nervous - entering on a student visa, when you have intentions to get married & adjust status is committing visa fraud. This isn't a gray area - it's balck & white. Yes, it may be difficult for the USCIS to prove intent, but, if they do so, your future will have to turn out very different to how you are planning it.

[bluegreen 0]

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.

You do have a LOT to hide! You are hiding the fact that you are planning on getting married, and you have already said upthread that if asked, you will lie and say you are going back to your own country. That's a lot to hide, especially if you already get nervous at the airport.

You are being given some really good advice here, by almost every person:) Think really, really carefully about exactly what you are doing and how. I would think that your EAD is the least of your concerns. It is very easy to make that part work out, as well as explain the living apart problem that was your original concern.

No one can be in your shoes, but I would just think extremely long and hard about going home. You can visit your Grandmother's grave in the spring, and introduce your husband then. It is only a matter of 4 or 5 months! It was super hard explaining to my family that my partner and I had decided to get married quickly on the spur of the moment rather than waiting for our big family wedding later. Once I explained all the immigration issues to them they understood, but it was hard. We actually considered not telling them:) But I bit the bullet and explained why we did it the way we did. Likewise, you may find your family is understanding if you are not able to bring your fiance home to meet them before you marry (and remember it is only signing a piece of paper—you can have a family celebration later if you choose:). That is what we are doing. Many, many, many people have to do this. It can't be as convenient as we'd like.

It sounds like you have a lovely relationship and great plans for the future. Nobody is denying that you have every right to stay and adjust status from your student visa, but you are being advised overwhelmingly to stay in the country until it is done. Just think about it really carefully, and remember that you are allowed back in after every time you leave at the convenience and discretion of the agent at the border. Because if you leave, come back into the country and lie at the border about your intentions if asked point blank, that IS visa fraud, whether they find out or punish you for it or not. And then you will not be in control of the outcome, and that would be so sad.

[Ansleis 0]

Thanks everyone for all the advice! You can tell me "I told you so" if things go horribly wrong.

Well, "visa Fraud has different criteria in various parts of the world, but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas, misrepresentation of reasons for traveling and forgery or alteration of a visa" (wikipedia). So, misrepresentation of reasons for traveling... Is my situation misrepresentation? I mean, my main reason for coming to the country in January is to continue my OPT. Getting married and adjusting status is my hope... Well, it's always in the back of my mind, and if that works out, that will be fabulous. But that's not why I'm coming here in January. I keep saying "my fiance," but he hasn't even proposed to me yet. We've been talking about getting married and stuff, but the bottom line is, he has to marry me! So, well, everything is up in the air. This is my plan, not his. Hey, who knows if we break up? I'm just saying that it'll be nice if everything works out and I can stay in this country.

My friend came to this country in June or July on a tourist visa with an intent to get married and adjust status... (Her fiance or now husband and she have been together for about 2 years. She was engaged to him before she came here.) She got married a few weeks ago and started the AOS process... Is her case visa fraud then?

I feel very discouraged here. I appreciate everyone's concerns and warnings, but I came to this website, seeking comfort and some answers...

[Cassie 8]

Thanks everyone for all the advice! You can tell me "I told you so" if things go horribly wrong.

Well, "visa Fraud has different criteria in various parts of the world, but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas, misrepresentation of reasons for traveling and forgery or alteration of a visa" (wikipedia). So, misrepresentation of reasons for traveling... Is my situation misrepresentation? I mean, my main reason for coming to the country in January is to continue my OPT. Getting married and adjusting status is my hope... Well, it's always in the back of my mind, and if that works out, that will be fabulous. But that's not why I'm coming here in January. I keep saying "my fiance," but he hasn't even proposed to me yet. We've been talking about getting married and stuff, but the bottom line is, he has to marry me! So, well, everything is up in the air. This is my plan, not his. Hey, who knows if we break up? I'm just saying that it'll be nice if everything works out and I can stay in this country.

My friend came to this country in June or July on a tourist visa with an intent to get married and adjust status... (Her fiance or now husband and she have been together for about 2 years. She was engaged to him before she came here.) She got married a few weeks ago and started the AOS process... Is her case visa fraud then?

I feel very discouraged here. I appreciate everyone's concerns and warnings, but I came to this website, seeking comfort and some answers...

You got answers, just not the ones you were hoping for.....there's a big difference!

So now your story has changed, you no longer have a fiance, or I mean your fiance isn't really a fiance and you're hoping to get married eventually. You're playing with words here, and you have to be really careful! The key, as you have been told numerous times, is intent. be very careful! Can't say that often enough.

And yes, your friend who entered the US on a tourist visa with the intent of getting married and staying in the US is definitely committing visa fraud.

Edited December 2, 2008 by Cassie

[bluegreen 0]

Thanks everyone for all the advice! You can tell me "I told you so" if things go horribly wrong.

Well, "visa Fraud has different criteria in various parts of the world, but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas, misrepresentation of reasons for traveling and forgery or alteration of a visa" (wikipedia). So, misrepresentation of reasons for traveling... Is my situation misrepresentation? I mean, my main reason for coming to the country in January is to continue my OPT. Getting married and adjusting status is my hope... Well, it's always in the back of my mind, and if that works out, that will be fabulous. But that's not why I'm coming here in January. I keep saying "my fiance," but he hasn't even proposed to me yet. We've been talking about getting married and stuff, but the bottom line is, he has to marry me! So, well, everything is up in the air. This is my plan, not his. Hey, who knows if we break up? I'm just saying that it'll be nice if everything works out and I can stay in this country.

My friend came to this country in June or July on a tourist visa with an intent to get married and adjust status... (Her fiance or now husband and she have been together for about 2 years. She was engaged to him before she came here.) She got married a few weeks ago and started the AOS process... Is her case visa fraud then?

I feel very discouraged here. I appreciate everyone's concerns and warnings, but I came to this website, seeking comfort and some answers...

Anleis, you are getting tons of answers! If by comfort, you mean hearing what you want to hear, then that is not what you will get here:) You did get the answer you were seeking regarding your EAD and your living arrangements, so hopefully that gave you some comfort.

Yes, technically, your friend did commit visa fraud. It happens all the time. It was a misuse of her tourist visa. Tourist visas are for tourists visiting and returning home. That was what I planned when I entered on my tourist visa. I was engaged before I came here. I had been with my partner for a year. I was NOT planning on marrying and immigrating. He was supposed to come home with me:) But life changes and the law allows for that. Your friend planned to misuse her visa. It is different.

No one said that you would definitely not be successful doing what you are planning. But it would be irresponsible to the community on VJ to suggest that it is the correct or legal course of action. No one wants to say I told you so! We want to help you completely understand the process so you make your decision with your eyes wide open. I have noticed that people on VJ are very, very careful when it comes to giving advice about grey areas or not telling the whole truth or not being transparent to border agents. Everyone always errs on the side of caution and 100% honesty. It is a public forum, after all.

If you are not planning on immigrating to the US, then you will not have problems re-entering the country. Yes, your purpose for coming back is to continue your OPT, but from what you told us, you are also planning on immigrating based on marriage. That is the part you are planning on lying about, and that is the part that is misrepresentation. What you have said in this latest post is completely different to what you said earlier, and has different implications.

The process is a complete pain in the neck. It is not designed for convenience. It seems to be designed to elicit maximum stress and strain. It is expensive. You are in a really, really fabulous position compared to many others, so basically, be educated about your choices (and be crystal clear about what is strictly legal), and choose wisely. That is all people are saying!

We can only offer you advice based on the information you give us. You told us you were planning on marrying and immigrating as early as March. So we told you that it was dangerous to leave and come back again. We've all been through it, and done the research, and learned the legalities, which is, I assume, why you are asking this community:)

[canadian_wife 1,822]

Ansleis, please be VERY careful on this and please do NOT play the "it won't happen to me" or "I have nothing to hide". What you intend to do IS illegal and here is the piece of legislation that applies to what you are doing.

Fraud or Misrepresentation

Under INA §212(a)(6)©(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may result in exclusion.

Willful misrepresentation is exactly what you are doing. Entering on a non-immigrant visa with INTENT to immigrate is misrepresentation.

Also this applies to you both as entering on an OPT (non-immigrant visa status) and working without proper authorization.

Section 375. Limitation on Adjustment of Status.

An aliens who is not in "lawful nonimmigrant status," who has violated the terms of his nonimmigrant visa, or who has engaged in unauthorized employment may not adjust status.

Your adjustment of status from a student visa is not in question. Your intent to immigrate to the United States and entering the United States under a non-immigrant visa with intent to immigrate is in question. Please be very careful. Read Wikipedia all you like, but also read up on specific immigration law. Good Luck.

[Gemmie 142]

I agree with the others.

What you're planning is illegal.

Your student visa is for studying, and yes, you are allowed to stay in the US and adjust status, legally. If you decide to leave the country and then return with immigrant intent (please don't try to change your intent now that you've gotten unexpected responses - you know you have immigrant intent), that is not legal.

I understand that you want to visit your grandmother's grave and bring your "fiance-now-not-fiance" home, but that is a sacrifice you have to make if you want to avoid going through a visa process. Many people have given up things so that they can stay in the US and wait for their paperwork to be processed, you don't get to choose whether or not you skip over imigration laws because they don't suit you at the time.

If you want to apply for AOS, you must NOT leave the country, under any circumstances. If you decide to do so, you must apply for a visa.

I'm happy that you've met your boyfriend/fiance whilst recently studying and decided you want to stay. I'm happy that you're looking at your options. *However* I have been seperated from my partner for almost 6 years since meeting. I've been to the US 7 times on the VWP and have never been able to adjust status because I knew of my own intentions. I could just as easily have said "visiting, going home after" when I had no intentions of doing so, just like you. I wouldn't hurt my situation and others' like that.

I am now currently going through a 6-9 month wait to get a K1 visa and going through extra scrutiny at the border whenever I GENUINELY only want to see my fiance, because of people like yourself misrepresenting yourself. They have to be careful when questioning me in case I am too attempting to conceal my "real reason". I don't see why I should have to experience the added stress and questioning when I just want to spend a little time with my partner, when there are people that are truly hiding the truth and breaking visa law. After this ordeal, I get to apply for AOS too. I cannot simply leave the country because my father is sick or because I miss home or whatever other reason as I wait. If I do, I have to apply for another visa. Same as you.

Please don't make it harder for other people such as myself who go through extra problems at inspection. Please don't jeapordise your own situation by misrepresenting yourself and perhaps gaining a ban.

Edited December 2, 2008 by Gemmie

[Earthsun 0]

I think people need to be careful about making suggestions to circumvent U.S. immigration law - you can not claim to have no intent to immigrate at the border when you know that is not true! Intent to immigrate at entry with a student or tourist visa is fraud period, not only when you are asked specifically by the officer at entry.

It is possible to adjust status from a student visa - as stated before, things happen. However, it is fraud to adjust status from a student visa when there was intent to do so at the last entry.

The intent at entry is the key, and it is often difficult to prove.

Jenn, thanks for injecting some sanity into this discussion. Ansleis, I am sure just about everyone wants things to work out for you and your fiance and can take some comfort in that. Those who have had to hire attorneys to defend their intentions upon entry at Adjustment of Status (AOS) hearings only want you to benefit from their experiences. At best, the two of you will have a tougher AOS process than most and potentially have to ask for advanced parole to see your family. At worst, you may lose the ability to visit or live in the U.S. I hope you heed these answers.