AOS after marriage on student visa?!

[rachelrb85 0]

My boyfriend has a tourist visa good for 10 years and will visit the U.S. for a few weeks. He will look into a ESL program here and he plans on applying for a student visa (which I assume his tourist visa would turn into a student visa?) when he goes back to his home country, and then come back to the U.S. for 6 months to study ESL. We don't have any plans but say hypothetically, if we wanted to get married (I'm a U.S. citizen) after he's been here say 5 months, would we have a problem filing AOS? If he comes on a student visa, attends the courses, and we decide to get married afterwards that would not be visa fraud because we had no intentions of getting married, right? Could he stay here on a student visa after we get married while we wait for AOS? I would appreciate any answers, especially if you have experience with this. Thanks!

[Chica Yeyé 41]

Why don't you just apply for the K-1? It is clear from what you wrote that you are already thinking about marriage; hence you have intent.

The whole planning to come on a student visa and later AOS is not the way to go, me thinks.

[rachelrb85 0]

Why don't you just apply for the K-1? It is clear from what you wrote that you are already thinking about marriage; hence you have intent.

The whole planning to come on a student visa and later AOS is not the way to go, me thinks.

Can we apply for the K-1 while he's here on the student visa? He would have to go back to his home country for the appointment and interview right? And would it be difficult for him to get back in the U.S. once we petition for a K-1? Or not, because he has the student visa? Sorry for all the questions!

[Chica Yeyé 41]

Why don't you just apply for the K-1? It is clear from what you wrote that you are already thinking about marriage; hence you have intent.

The whole planning to come on a student visa and later AOS is not the way to go, me thinks.

Can we apply for the K-1 while he's here on the student visa? He would have to go back to his home country for the appointment and interview right? And would it be difficult for him to get back in the U.S. once we petition for a K-1? Or not, because he has the student visa? Sorry for all the questions!

No you cannot. You apply for the K-1 instead of the Student Visa, he comes; you get married within 90 days and file for Adjustment of Status.

[Usui Takumi 1,562]

My boyfriend has a tourist visa good for 10 years and will visit the U.S. for a few weeks. He will look into a ESL program here and he plans on applying for a student visa (which I assume his tourist visa would turn into a student visa?) when he goes back to his home country, and then come back to the U.S. for 6 months to study ESL. We don't have any plans but say hypothetically, if we wanted to get married (I'm a U.S. citizen) after he's been here say 5 months, would we have a problem filing AOS? If he comes on a student visa, attends the courses, and we decide to get married afterwards that would not be visa fraud because we had no intentions of getting married, right? Could he stay here on a student visa after we get married while we wait for AOS? I would appreciate any answers, especially if you have experience with this. Thanks!

It depends on the type of visa he gets. Some visas require the person return home for a minimum number of years (J). He'll likely get an F visa. You can Adjust Status on an F visa if you decide to get married later.

[rachelrb85 0]

Thanks so much for your answer! But I think the student visa would be best for now since as of right now we really don't have any intentions. I'm just wondering what would happen if we changed our minds in the near future

My boyfriend has a tourist visa good for 10 years and will visit the U.S. for a few weeks. He will look into a ESL program here and he plans on applying for a student visa (which I assume his tourist visa would turn into a student visa?) when he goes back to his home country, and then come back to the U.S. for 6 months to study ESL. We don't have any plans but say hypothetically, if we wanted to get married (I'm a U.S. citizen) after he's been here say 5 months, would we have a problem filing AOS? If he comes on a student visa, attends the courses, and we decide to get married afterwards that would not be visa fraud because we had no intentions of getting married, right? Could he stay here on a student visa after we get married while we wait for AOS? I would appreciate any answers, especially if you have experience with this. Thanks!

It depends on the type of visa he gets. Some visas require the person return home for a minimum number of years (J). He'll likely get an F visa. You can Adjust Status on an F visa if you decide to get married later.

I think he will get a F-1... Thanks!!

So there's no problem with AOS? Is this from experience?

[Chica Yeyé 41]

If you don't have any intentions, by all means go for the student visa.

[rachelrb85 0]

My boyfriend has a tourist visa good for 10 years and will visit the U.S. for a few weeks. He will look into a ESL program here and he plans on applying for a student visa (which I assume his tourist visa would turn into a student visa?) when he goes back to his home country, and then come back to the U.S. for 6 months to study ESL. We don't have any plans but say hypothetically, if we wanted to get married (I'm a U.S. citizen) after he's been here say 5 months, would we have a problem filing AOS? If he comes on a student visa, attends the courses, and we decide to get married afterwards that would not be visa fraud because we had no intentions of getting married, right? Could he stay here on a student visa after we get married while we wait for AOS? I would appreciate any answers, especially if you have experience with this. Thanks!

It depends on the type of visa he gets. Some visas require the person return home for a minimum number of years (J). He'll likely get an F visa. You can Adjust Status on an F visa if you decide to get married later.

I think he will get an F-1 visa... Thanks!!

So, no problem with AOS? Do you know this from experience?

[Mimino 2]

it would be difficult to prove, since you've been dating while he was on a tourist visa, but every case is individual and you may be ok.

[tuesdaysgone 0]

Yes he can come here on a student visa and if you decide to marry afterwards that is ok, then apple to adjust his status. I485 and apply for an alien relative I130.

This is exactly what I did. However you will be grilled during the interview and spoken to like dirt more than likely. You will need to prove that he had you both had no intentions of marrying prior to the student visa.

[Chica Yeyé 41]

Yes he can come here on a student visa and if you decide to marry afterwards that is ok, then apple to adjust his status. I485 and apply for an alien relative I130.

This is exactly what I did. However you will be grilled during the interview and spoken to like dirt more than likely. You will need to prove that he had you both had no intentions of marrying prior to the student visa.

and that is exactly why it is not recommended to do so. hope you get your approval soon.

[rachelrb85 0]

Yes he can come here on a student visa and if you decide to marry afterwards that is ok, then apple to adjust his status. I485 and apply for an alien relative I130.

This is exactly what I did. However you will be grilled during the interview and spoken to like dirt more than likely. You will need to prove that he had you both had no intentions of marrying prior to the student visa.

Oh, that's lovely. I'm sorry to hear that. What kind of proof did you use for that? Are you still waiting for the decision after the interview?

[Usui Takumi 1,562]

He could show it by not cutting any ties to his old country...keeping bank accounts open, keeping his non essential belongings there etc. Another important factor is maintaining his eligibility for F-1 status until the end of AOS. (IE staying in school). This is important too because if AOS is denied but he reverts back to the F-1 status then you can appeal the denial or so I understand.

It is my opinion that once the IO starts probing intent he is searching for visa fraud and it becomes his responsibility to prove that fraud has been committed. Still it would be good to have evidence "if asked and only if asked."

Its important to not misrepresent yourself when entering the country. If he is asked about you at the port of entry he must tell the truth and if he is denied entry then so be it...a lie would haunt you both at AOS.

Edited December 9, 2009 by Sousuke

[Usui Takumi 1,562]

Another thing I just thought of....it would probably be good to keep separate residences until you decide if you want to marry...then you could show that too if asked at the AOS interview for examples of no intent.

Edited December 9, 2009 by Sousuke

[rachelrb85 0]

I actually spoke to an immigration lawyer and she said they go to the 30/60/90 rule. From the date of entry of any nonimmigrant visa (Visitor or Student) to the time of marriage, if its within 30 days they will assume it was improper intent, within 60 days they will assume it is improper intent but you can fight it, and after 90 days they wont have a problem with it. Is this true and can anyone speak from experience?