Sent AOS right after the Wedding

[Ohio_hunter 0]

Okay, so my friend married a girl from Asia who was here for the last 4 years on F-1 student visa (I think, I know its F1).

His wife came back in the country last November with a new I-20(or I-19? I-21?? the one for F1) and was upset that they gave her a hard time in the entry point (IAD).

They decided to get married this February and had all the AOS applications /medical/ documentation prepared prior their wedding (I think she was on winter break or something, but I know she stopped going to school) and they sent the AOS package out to Chicago one day after their wedding.

So I've been reading on VJ a lot (got a lot of useful info, thanks guys) and it seems like they may get screw since they mailed the package one day after their wedding and it may seems like fraud?? There were only 3 months between the time of marriage and her initial entry as a student.

I am not a visa expert, but what's the possibilities that they get in trouble? I was sharing my thoughts with him and he's now really nervous (my fault).

PS. His wife just had the biometric done.

[-B&T- 1]

Good luck to your friend and his wifey.I think they will be fine.

[sasaqlain 24]

My situation is somewhat similar to your friends. Don't worry. If the marriage is legitimate, they need not worry. Just have enough evidence. From what I have seen at VJ, through my discussions with Lawyer friends and other websites, each case at USCIS is handled in its fashion in light of the documentation, evidence and circumstances. Not to mention, the person who is handling the case. I got married, sent in my I-130 within a week, and then sent the AOS package within the two months. Not to mention I am adjusting status from Tourist. Am comfortable, despite all the discouraging statements made about my situation at VJ. Am done with the Biometrics. Now waiting for the interview date. Have faith and tell your friend to be prepared.

[christera22 8]

GReat reply Saspak. I agree !

[Krikit 1,165]

There is no law that says you cannot research the legalities and know what to do once you have made the decision to marry. Like Saspak says..... they will be looking at all the evidence. If everything was legitimate and above-board, your friend has nothing to worry about.

[Dakine 26]

It's very rare to get busted for fraud when you marry in the US and adjust status. I've never seen one case.

[sasaqlain 24]

I agree with Haole. That is my understanding too. Despite having said that, the complications do arise, so do the loop-holes.

[Ohio_hunter 0]

Thanks a bunch guys!

It was my fault to have him all work out..haha. They are indeed madly in love tho...hard to stand it sometimes...haha!

He just told me that when he tries to call the USCIS hotline, he can't reach a representative...they just kept playing the menu for him, What's up with that?

[sasaqlain 24]

Like I said, Theres always a LOOP-HOLE.......

The moment he dials and hears a voice tell him to dial 123.

It will take him directly to an Operator. Thats what we all do.

Regards and best of luck

[ashenflowers 5]

oohhh... this is very interesting for me. I am currently in the process of DECISION making. Which is basically 'Step 0' when it comes to all this it seems. I'm Canadian, and looking to move to the US to be with my b/f-fiancé. One of the options we are considering is me going to visit for a month or so later this year, then getting married, and applying for AOS. Is it really true that this might work out for us? Is there REALLY a possibility that I could be banned from the US for fraud? Is it different that we would 'plan' this, rather than pretend we didn't know the immigration process?

It IS a legitimate marriage, and we would have quite a bit of evidence to support our relationship...

I too am hearing bad things about that route though, and am afraid to risk deportation. That's a scary thought.

[christera22 8]

Planning and coming to USA with intention to immegrate is of course visa fraud and if discovered by uscis can lead to ban. MAx people who have applied for adjusting here came in B1/B2 or F1 , may or may not have known their spouses and the marriage took place on the spur of a moment. Both the times i came for a business in which my now wife was involved. This time my wife had to undergo a serious surgery and she wanted me to stay back instead of returning, while on my 1st visit i did go back much before my visa expired. Thats my story why i had to marry here instead of going through the normal K1 process. Now its upto you what course you wd take . The burden of proving that the marriage is a valid marriage and entered into with good faith and that you had intentions of going back while you came in , lies on your shoulders.

Of course most of the times when USCIS gets convinced from the evidences that the marriage is legit and there is a good and ongoing relation going on, hardly the question of intent is asked. The proofs can be different forms of evidences that proves good loving life and any normal stuff that couple does together.

But then what you are planning is visa fraud. I dnt think Visajourney wd consider that. You can come for a visit & go back and apply for K1. Or you can come marry and go back and apply for K3 or IR-1/CR-1 visa. Hope this helps. Thanks

Edited April 8, 2009 by christera22

[sasaqlain 24]

Ashenflowers, There isn't much I can add to what Christera22 has just written, and its all true, but would like to say that in cases like ours, there are two issues under consideration. One is ofcourse proving legitimacy of marriage, and the second one is visa Fraud, that is to say, if the benificiary has mis-used the visa intentionally. The officer might not be targeting your legitimacy of the marriage and probably grill you over the subject of adjusting Status while your original visa was for a different purpose. In my case, I have 0% doubt about proving my marriage, but will face a tough time explaining to them why I am adjusting status from B1/B2 and whether I had an intention to Adjust Status while entering the Country.

[ashenflowers 5]

Thanks for your responses

It does help to clarify the options, and the reality of how difficult the 'easy' way could be. lol