Importance of last date of entry?

[LlamaInvasion 76]

I'm currently in the US under an F-1 visa, which expires in May 2011. The plan is to stay in the US until I complete my studies in May 2012, since according to my advisor with the international office at my school, this will not be a problem; my visa is only needed for entry.

I have asked previously about marrying my boyfriend in America, and was told that we could just get married, then I could apply for an adjustment of status. My question is, I know they look at intent. Since I've spent the Christmas in my home country Norway with my family, will immigration see that I've only recently entered the US on a student visa, and reject my application? Or do they look on my intent from when the visa was issued (in 2007, when I had no plans to marry my boyfriend)?

Will an adjustment of status be complicated further if my visa has expired when we do eventually apply?

Should I just give up, go back to the original plan and wait until 2012 when my studies are done, to go back to Norway and apply for a K-1 from "scratch" so to speak?

[Inky 1,111]

If the visa is expired they will likely look at it as you marrying to just stay in america.

They look at last date entered, they wont look at your 2007 entrance when you are trying to AOS. So if you enter and marry it will be very hard not to prove intent.

[LlamaInvasion 76]

Okay, thanks. Guess we're going back to the plan of waiting a few years before starting the process.

[LlamaInvasion 76]

Oh, one more question. Could we get married either before or after my F-1 visa expires, then I could go home after my studies end in 2012, and we could apply for a K3 spouse visa?

Edited January 1, 2011 by LlamaInvasion

[Vuvu zela 9]

I don't see any issues with you marrying now and adjusting status while in the US, even though you are currently an F-1 student and finishing your studies in 2012.

You are not using your F-1 visa to commit immigration fraud, as you've been in school since 2007, and only went home to visit your family and friends during the holidays.

But it's up to you what you ultimately decide to do.

Edited January 1, 2011 by Vuvu zela

[Brother Hesekiel 2,236]

I'm currently in the US under an F-1 visa, which expires in May 2011. The plan is to stay in the US until I complete my studies in May 2012, since according to my advisor with the international office at my school, this will not be a problem; my visa is only needed for entry.

I have asked previously about marrying my boyfriend in America, and was told that we could just get married, then I could apply for an adjustment of status. My question is, I know they look at intent.

No, they don't.

But even if they did, it wouldn't matter.

But even if it would matter. as a student, you temporary "live" in the US with permission of the US Government, and that for several years. You go out, meet people, go to bars, get laid, engaged, married. It's all part of daily life and has as much to do with intent as a cat with a slice of carrot cake.

[Maxximus1074 14]

So here's my thoughts on your posting, too.

I myself adjust from an expired F-1 Visa, long story. I recently finally filed my AOS package and had help and had it proof-read by an immigration attorney at a non-profit organization. Like you I wondered about my last date of entry since it's been 10 years that I entered the country but have no more "evidence" as for old plane ticket or the old passport that has the "expiration stamp" in it.

My attorney explained that it is ok to enter an approximate date, especially when its several years back, what is important is that you got inspected by an immigration officer at your entry and so you are considered here for adjustment of status from a issued visa.

As far as your question goes when to get married - it depends on you two - do you feel like you are rushing something if you get married sooner then later? Also to keep on mind that finace vias's can have long processing times that will have you two separated until then. On the other hand, if you get married and file for AOS you will not be able to leave the US as it is considered that you no longer want to become a resident, so if you want to go back home you would need to have some good reasons to proof to USCIS why you need advanced parole to travel outside the US while AOSing.

Either way - am happy to hear you two found each other - best of luck on your journey together!!

Maxximus

[Darkarma 2]

First of all Inky does not have any information regarding F-1 visa, which is clear by the post.

There is absolutley no problem doing an AOS from F-1 visa immediatley after entering the USA, in your case the visa was issued in 2007. You are allowed to exit and enter with a valid stamp. CIS does not look into intent for IR1 cases. You can infact both go to Norway get married and enter USA then do a AOS, that also would not be an issue, many of my friends on F-1 married their US citizen spouses in their home country and entered with an already stamped F-1 visa and succesfully adjusted status here. All of them were granted GC. At the interview the IO did not even question them on these issues. The date of last entry is asked just to ensure that you have had a legal entry and were inspected. The I-94 is a proof of that fact only.

Come to think of it all F, B except H and L are considered non dual intent visas. That means they should not even do a AOS? But here you see so many pple adjusting. The question of intent only arises when the consulate is issuing the visa. If you have had a fiancee or any immigration petition pending you have to answer truthfully regarding that. Most F and B visas are rejected by the consulate. But in 2007 you have had no intention of marrying someone here (Who can predict). Thus you have commited no misrepresentation.

Therefore i do not see any issues. If you wish you can get married as sson as possible and apply for AOS.