My wife (u.s citizen) is under 21

[Anh map 2,098]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

Parents loaning/giving you the $$ and you writing the checks is good. If the parents were paying (writing their own checks) then you wouldn't have anything to show.

Did you say that you were going back to your country for the summer? Is your wife going as well? Spending the summer away from your spouse might cause an interviewer to doubt the validity of your marriage.

[Luckygoat 2]

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

Parents loaning/giving you the $$ and you writing the checks is good. If the parents were paying (writing their own checks) then you wouldn't have anything to show.

Did you say that you were going back to your country for the summer? Is your wife going as well? Spending the summer away from your spouse might cause an interviewer to doubt the validity of your marriage.

She'll be there for a week but she def isnt staying the whole summer but I will be. i mean if they doubt the validity of our marriage then there is nothing we can do but it makes no sense me stayin here or her coming there for the whole summer and not having any form of income. That is the only reason im leaving.

[Anh map 2,098]

Actually there is everything that you can do about showing the validity of your marriage. Evidence that you supply will be the basis of your status adjustment.

Depending on your country of origin/residence the examination can be more intensive. Be sure to prepare yourselves accordingly so that you are successful with your petition.

[Luckygoat 2]

Actually there is everything that you can do about showing the validity of your marriage. Evidence that you supply will be the basis of your status adjustment.

Depending on your country of origin/residence the examination can be more intensive. Be sure to prepare yourselves accordingly so that you are successful with your petition.

Thanks. fortunately my country has very little migration so I dnt think that would be a issue. And when you say prepare what do you mean? I feel like you only need to over prepare when ur marriage is fake. If ur marriage is real then you should need to do so much preparation outside the nessasary paper work.

[jundp 191]

Actually there is everything that you can do about showing the validity of your marriage. Evidence that you supply will be the basis of your status adjustment.

Depending on your country of origin/residence the examination can be more intensive. Be sure to prepare yourselves accordingly so that you are successful with your petition.

Thanks. fortunately my country has very little migration so I dnt think that would be a issue. And when you say prepare what do you mean? I feel like you only need to over prepare when ur marriage is fake. If ur marriage is real then you should need to do so much preparation outside the nessasary paper work.

You still have to prove your marriage is valid and real. When you go for your AOS interview you will be required to show evidence of such and people have been asked for more evidence, even when their marriages were real and valid. Leaving the country for the entire summer, after marriage, but before AOS may not look good when it comes time to adjust status.

[YuAndDan 153]

Moving to AOS forum.

[Ansleis 0]

hummmm....

My question is, can you go home for the summer and come back to the US on F-1 visa safely? You're already married, and you're coming back here to go to school, but at the same time, you will be adjusting your status from F-1 to permanent resident. Would that be considered visa fraud? But your main reason for entering the US is to go to school, so I guess that's okay... I don't know. Good luck!

[Luckygoat 2]

hummmm....

My question is, can you go home for the summer and come back to the US on F-1 visa safely? You're already married, and you're coming back here to go to school, but at the same time, you will be adjusting your status from F-1 to permanent resident. Would that be considered visa fraud? But your main reason for entering the US is to go to school, so I guess that's okay... I don't know. Good luck!

Good question. Yes my main reason for coming back here after the summer is to complete schoool, I have one more semester b4 i graduate, not to change to change my status. And yes anyone who is on a F1 visa can go home when ever they wish, i go home on weekends, every summer, basisly any time i get a break...I am not required to stay here.

But like you said, I dnt kno if me coming back here after the summer then filing for AOS would look like visa fraud. So I don't know. I will just wait awhile after I reach to file instead of as right when i reach.

Edited April 27, 2009 by Luckygoat