AOS after marriage on student visa?!

[Chica Yeyé 41]

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?

There is no such thing as a 30/60/90 rule -- that is speculation and it is not the letter of the law.

If you don't mind me saying this.... if you are so concerned about all that; why not just apply for the fiancee visa and get it over with? It is clear you are planning to get married; so why make it more complicated than it needs to be girl?

[FortLaudy 10]

I think the OP wants to "test-drive" the relationship/ fiancee before she seals the deal, VERY understandable.. with the K1 option she only has 90 days to make up her mind to get married, in my opinion hardly enough time... and this is also very risky for her fiancee... as he cannot attend school/work on K1 until he has residency or atleast an EAD? right or wrong? correct me here please, so that's another say atleast 2 months of not doing anything but waiting in case he does come here on K1. And if the OP/USC decides to change her mind he cannot continue with his studies if he has even started but has to return home and then apply for the student visa anyways...

This is a really tough situation, you have to be really sure if you see yourself getting married to your fiancee within 3 months or not, keeping the following in mind.

Say he does apply for the F1 and starts school - he'll be paying roughly 3 times the amount of tuition (out of state) than residents, if you're married, that's a whole lot of money that's needlessly going out of both of your pockets/joint account - money that could go towards paying for the wedding/honeymoon or even your first home together.

Have a serious conversation with your fiancee discussing all the details of both options and decide if you're in a place in your relationship where you want to make it more serious, pretty much immediately, if so K1 route with a lot of dedication from both of you is the way, otherwise F1.

[rachelrb85 0]

I think the OP wants to "test-drive" the relationship/ fiancee before she seals the deal, VERY understandable.. with the K1 option she only has 90 days to make up her mind to get married, in my opinion hardly enough time... and this is also very risky for her fiancee... as he cannot attend school/work on K1 until he has residency or atleast an EAD? right or wrong? correct me here please, so that's another say atleast 2 months of not doing anything but waiting in case he does come here on K1. And if the OP/USC decides to change her mind he cannot continue with his studies if he has even started but has to return home and then apply for the student visa anyways...

This is a really tough situation, you have to be really sure if you see yourself getting married to your fiancee within 3 months or not, keeping the following in mind.

Say he does apply for the F1 and starts school - he'll be paying roughly 3 times the amount of tuition (out of state) than residents, if you're married, that's a whole lot of money that's needlessly going out of both of your pockets/joint account - money that could go towards paying for the wedding/honeymoon or even your first home together.

Have a serious conversation with your fiancee discussing all the details of both options and decide if you're in a place in your relationship where you want to make it more serious, pretty much immediately, if so K1 route with a lot of dedication from both of you is the way, otherwise F1.

Thanks for your post. Yes, right now our intention is not to get married so he is getting his student visa for ESL. We have been discussing all our options (B-1s, F-1s, K-1s, K-3s) for months and finally after speaking to a lawyer we have made the decision. According to the lawyer, if we do end up deciding to get married after 90 days we should have no problems filing for AOS. That's why I posted on here to get other people's past experiences.

[beenthere 0]

I have looked into the same thing.

Several immigration lawyers told me the same; if you marry after 90 days, there is no problem.

Why F visa?

It is usually quicker, takes one to two months. The process is fairly simple. There is no obligation to marry if you are not sure.

In many cases the couple may not be sure to get married, but to file for K-1, they have to state under oath that they intend to get married, even if they don't. Consequently about half of K-1 go back without getting married.

I believe a B or F visa is closer to the actual intent of many couples.

[bradam2001 0]

My wife was on F-1 visa when we got married. she is originally from Istanbul, Turkey. We got married in October 2004, and we sent her papers by the end of December 2004. Long story short, we applied for her N-400 - citizenship less than 2 weeks ago. We never encountered any problems. Everything went pretty smoothly. Let me tell you this. When she came here we had no intentions of getting married. If we had , I would have applied for her for other types of visa before she even came here.

Good Luck

[radacos 0]

I attended college on an F-1 visa for two years before I got married, and I never had any issues along the way, even though I had been living with my now husband since I had arrived in the US. At the AOS interview, the adjudicator did seem to look favorably upon the fact that I was still attending the same school listed on my F-1 paperwork and was on track to graduate.

There is no *actual* 30/60/90 rule in the adjudicator's field manual, but if a person holding a non-immigrant visa enters the country and immediately gets married/files for AOS, immigration officials will naturally be suspicious. If you and your boyfriend have no set plans to marry and he simply wants to visit, study, and give your relationship a shot, you should be perfectly OK applying for AOS somewhere down the road if that becomes the case. This is perfectly legal and happens (successfully) to countless couples every year.

Best of luck!

[unique135 0]

My immigrant lawyer also proposes this process...but I am not comfortable with it....

[Darnell 8,479]

ESL classes are cheaper in Turkey.

To The OP - hey - why not just file K-1 now?

If he is a Turkish-born Turkish National, shouldn't be any problem .

[pinoyako 0]

I attended college on an F-1 visa for two years before I got married, and I never had any issues along the way, even though I had been living with my now husband since I had arrived in the US. At the AOS interview, the adjudicator did seem to look favorably upon the fact that I was still attending the same school listed on my F-1 paperwork and was on track to graduate.

There is no *actual* 30/60/90 rule in the adjudicator's field manual, but if a person holding a non-immigrant visa enters the country and immediately gets married/files for AOS, immigration officials will naturally be suspicious. If you and your boyfriend have no set plans to marry and he simply wants to visit, study, and give your relationship a shot, you should be perfectly OK applying for AOS somewhere down the road if that becomes the case. This is perfectly legal and happens (successfully) to countless couples every year.

Best of luck!

Hi Radacos,your post caught my attention.My niece came here(2003) on a B2 tourist visa then adjusted to a student visa after few months.She has been going to school almost 6 years now.She finished her Associate in Nursing and she's now on her BSN program.She just got married with her long time american boyfriend last month.Would you please tell me the necessary forms and documents to prepare in filing for her AOS at the USCIS?Her husband lives and work in another state and my niece lives and go to school in a different state.Should she just quit her study and move to Alabama or continue her schooling in New York.She goes twice a month to visit her husband and vice versa but would this be a big issue in the near future?Does she have to change address?She is working at a nursing home during her off school days.Will she have to disclose this to the USCIS when she applies for her AOS.Please,any help is greatly appreciated.Thanks so much and God bless.