Are we screwed? Complicated Question

[phtellq8 0]

Hey All,

Ok so here is the story. My wife (then girlfriend) was in the U.S. on an F-1. She would travel back and forth between the U.S. and Canada (to visit her family). A couple of months ago I decided to pop the question to her and we got married in the civil courthouse shortly after. She then left the U.S., came back on her F-1, then left the U.S. and came back on the F-1 again. She is now in the U.S. and we want to apply to adjust her status. Are we in trouble now that she's left and come back on the F-1 visa as a student after we got civilly married? What should we do?

Thanks. - Greg

[pushbrk 13,120]

Hey All,

Ok so here is the story. My wife (then girlfriend) was in the U.S. on an F-1. She would travel back and forth between the U.S. and Canada (to visit her family). A couple of months ago I decided to pop the question to her and we got married in the civil courthouse shortly after. She then left the U.S., came back on her F-1, then left the U.S. and came back on the F-1 again. She is now in the U.S. and we want to apply to adjust her status. Are we in trouble now that she's left and come back on the F-1 visa as a student after we got civilly married? What should we do?

Thanks. - Greg

If your decision to adjust status occurred after her last US entry, simply file to adjust status. She should then stay in the USA until she has the green card in hand. I wouldn't trust advance parole in this situation.

[phtellq8 0]

If your decision to adjust status occurred after her last US entry, simply file to adjust status. She should then stay in the USA until she has the green card in hand. I wouldn't trust advance parole in this situation.

Is it possible that the USCIS would accuse us of fraud even though the decision to adjust status occured after her last entry given that we had already been married?

[CanadianRedneck 8]

no, you got married and she travelled back and forth multiple times. easy as that..if it'll make you feel better because it's tricky, call an attorney..but since she already has an F1..she's a legal resident in the US, under that F1. Do the AOS..but she can't leave until it's done.