How should i go about this ?

[canadian_wife 1,822]

Ontarikie - this is an excellent idea. Begin the process when she is within the US and have the medical and interview at home. The only issue is her entering the US in the future, this should be minimized in order to not question her 'intent' when entering.

[justashooter 430]

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.

jim is right about this. during AOS you will be asked to give the date of your marriage, and must reply with the date of your indian marriage. it will likely be noted that this preceeded her re-entry on her F1 visa. it will be assumed that since she married an American citizen before re-entering on an F1 and is later trying to adjust status that she is committing immigration fraud.

it doesn't matter if you are in india, or antarctica. it doesn't matter if she is a UK citizen, or argentinian. you are outside of US territory at the moment of marriage and are planning to have her return with you to USA under an unlawful visa if your intent is to adjust status within the USA. this will be seen by any astute immigration officer during AOS and your wife will get a lifetime ban.

your best probably option is as outlined by jim. have her attempt to enter the US on her F1 visa so that she can finish school, then have her return to UK for a CR1 process. if she is refused admission on the F1, she should go home to UK and begin CR1.

Edited January 9, 2010 by justashooter

[ziia 9]

If you want to speed up the AOS, have her return to UK right now and you come to US and start applying for a spouse visa. She can finish school once her spouse visa is approved. No need for her to come here and complicate the things and risk deportation or no entry. Renounce the school visa and start another process based on marriage. Good luck

Edited January 12, 2010 by ziia