How should i go about this ?

[spongey 0]

Hi I am a U.S citizen, and i got married yesterday to my long time lover and friend, she is a UK citizen and she was studying in the US on an F-1 student Visa, sponsored by her family, and i want her to become a US citizen, how should i go about it, I have no idea about these processes ? We got married in India by the way, we went for a vacation as i am an Indian descent myself .I am an OCI card holder, We are in India right now

Edited January 8, 2010 by spongey

[payxibka 10,045]

....nm

Edited January 8, 2010 by payxibka

[rin and john 71]

top of any page... follow the adjustment of status

Will that work? They are in India! Will she be able to re-enter the US on her F-1 as a spouse of a US Citizen and adjust status? Or will she have to either go K-3 (in India) or CR-1 (in UK)? I don't have the answer, but the OP should have asked the immigration question before getting married. He may have created more problems than if they had married in the USA, first.

[payxibka 10,045]

Will that work? They are in India! Will she be able to re-enter the US on her F-1 as a spouse of a US Citizen and adjust status? Or will she have to either go K-3 (in India) or CR-1 (in UK)? I don't have the answer, but the OP should have asked the immigration question before getting married. He may have created more problems than if they had married in the USA, first.

OOOPs.. I read the WAS studying as IS studying in the USA...

Edited January 8, 2010 by payxibka

[spongey 0]

Well she still has her student visa as her course is going to finish in 2011

[canadian_wife 1,808]

Tricky situation

While your wife has a student visa and a course ending in 2011, entering on a non-immigrant visa with the intentions of immigrating to the US is visa fraud and can result in a lifetime ban from the US.

However, she does still have a valid visa which she intends to use to attend school.

I see it you have some options. You can have your wife enter the US on her student visa, roll the dice and adjust her status from 'student' to 'resident' noting her intentions upon entering the US and she may have to answer to them at her interview. You could also have her enter on her student visa, complete her studies, and return to her home country to begin the process for an immigrant visa.

Either way, you are far away from her gaining citizenship. She will need to be granted residency and after about 3 years as a resident, she can apply for citizenship.

[spongey 0]

Well she is studying in Philly as she has some relatives in US with whom she is residing and i am located in New York and i have my business set up in New York, what should I do for the AOS then ?

[canadian_wife 1,808]

Where she goes to school and where she has family is irrelevant. It is her intentions upon entering the US that is subject to scrutiny. Does she intend to go to school on an f-1 visa and depart per the terms of her visa or does she intend to enter on a f-1 visa and adjust status?

If you want help on AOS, try posting your question on the AOS forum

Good luck.

[spongey 0]

First of all Thanks for taking out time and replying

Okay what about the DCF route, can't i go through that since i immigrated from India when i was small and then became a US citizen plus i am an OCI card holder although India does not recognise dual citizenship.

Also she used to be an Indian citizen before and immigrated to UK at the age of 8, then became a UK citizen overtime

Edited January 8, 2010 by spongey

[canadian_wife 1,808]

Doing DCF requires a period of actually LIVING (most countries require at least 6 months of residency) in the country you plan on doing DCF in. This is a question for the DCF forum.

Good luck.

[spongey 0]

Okay Thanks !!

[Anh map 2,098]

Assuming that she has no problems reentering the US you would petition to adjust her status.

See this guide here on VJ >> http://www.visajourney.com/forums/index.ph...page=i130guide2

[JimVaPhuong 4,863]

She may indeed be able to re-enter using her student visa, but I would be very very cautious before considering applying for her AOS after she arrives. The F-1 is a non-immigrant visa. In order to adjust status she must convince USCIS that she did not intend to immigrate when she entered the country on that visa. That's going to be pretty tough to do when USCIS will have strong evidence that she DID intend to immigrate, because she was the spouse of a US citizen when she entered. The worst case scenario is a denial because of visa fraud, and a lifetime ban from the US.

The safest bet would be to let her try to return using her student visa. If she is admitted, then let her finish her studies and then LEAVE the US, according to the terms of her visa. After that, you can petition for a spousal visa. If she is denied entry, then go ahead and file for the spousal visa.

[prepobo 0]

Hi I am a U.S citizen, and i got married yesterday to my long time lover and friend, she is a UK citizen and she was studying in the US on an F-1 student Visa, sponsored by her family, and i want her to become a US citizen, how should i go about it, I have no idea about these processes ? We got married in India by the way, we went for a vacation as i am an Indian descent myself .I am an OCI card holder, We are in India right now

I think she can still come here on the student visa since she is not residing in India but went there with u only for vacation. I think you should just calm down and come back together when ur vacation ends just as you left. For adjustment of status as a result of ur marriage during ur vacation, u should talk to an attorney when u come back from vacation. They can give u better advise on what to do.

I don't think a lot of people didn't understood ur post.

[Ontarkie 14,133]

Could they not start the process of a CR1 while she is in the US studying then just go home for the medical and interview, but they could start the process and try to time it when she will be done school.