Jump to content
spongey

How should i go about this ?

 Share

18 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Canada
Timeline

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.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

Filed: Country: China
Timeline
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 by justashooter

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Romania
Timeline

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 by ziia

New Citizen of the United States and Proud of it!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...