Already married going to US as visitor to file AOS

[trinbajan 0]

Ok so after speaking with several lawyers and international students professionals it seems as though the best course of action would be to file the I-130 and while that processes go for an interview for an F-1 and explain to them that I plan on doing consular processing and I am going for school and will return to do my interview in Montreal and it's at their discretion whether or not they let me in the country so it's kind of a hope you get someone on a good day kind of situation but at least I wouldn't be lying to anyone and everything would be above board. If they deny my F-1 I will just have to contact the school and defer my start date to the following semester or year if possible.

And the best part is as long as I've filed an I-130 even if it hasn't been processed as yet I can qualify for in state tuition since my husband already qualifies for in state tuition.

I have learned that lawyers can be either helpful or hurtful and you need to call at least 5 to figure out who's giving you good advice lol.

[coraliesolms 47]

I am not one to be judgemental, but how is it you got married last summer and you guys havent filed for a CR-1 yet? Understand one thing, this process is all about proving that your marriage is legitimate. If your interviewer does not feel as though you are really married (and you need to show proof, emails, valetines cards, phone records, pictures etc) they will deny your visa application.

[amykathleen2005 441]

I don't see how you feel you are entitled to in state tuition. The whole reason for it is that those living in the state have paid taxes which have gone to the public universities in the state and therefore they qualify for lower rates. As you personally have not paid taxes in the state you are moving too or any state for that matter why should you get a tuition break?

[trinbajan 0]

I don't see how you feel you are entitled to in state tuition. The whole reason for it is that those living in the state have paid taxes which have gone to the public universities in the state and therefore they qualify for lower rates. As you personally have not paid taxes in the state you are moving too or any state for that matter why should you get a tuition break?

Actually I have paid taxes in the state I am going to school in because I lived there for a while before coming back to Canada to finish my degree. Also I qualify for in state tuition because I am the spouse of someone who pays in state tuition. You really should ask questions before you make statements with no grounds.

[trinbajan 0]

I am not one to be judgemental, but how is it you got married last summer and you guys havent filed for a CR-1 yet? Understand one thing, this process is all about proving that your marriage is legitimate. If your interviewer does not feel as though you are really married (and you need to show proof, emails, valetines cards, phone records, pictures etc) they will deny your visa application.

It's a very long story why it wasn't filed as yet. It was supposed to be done as soon as I left and if it was it wouldn't have been an issue but random unexpected emergencies kept coming up and we kept postponing the filing of the papers until we discovered that Canada takes nearly a year to process them then we were just going to not file and I was going to attend school as an international student then I would return to Canada after and we'd file them. Then I found out that that would be difficult given that I'm already married I've visited him and he's visited me in the meantime and that's where this whole kafuffle begins. I'm not even remotely worried about proving the legitimacy of the marriage I have cards and gtalk conversation history and vacation photos and skype call history and even a joint bank account (which was completely accidental but glad we have it now).

[Deb+Steve 13]

Just a Q (not sure if anyone's mentioned this), does your J1 have the 2 year home stay requirement?

[trinbajan 0]

Just a Q (not sure if anyone's mentioned this), does your J1 have the 2 year home stay requirement?

no it doesn't. I made sure to check and surprisingly no one mentioned this.

[coraliesolms 47]

Well, I hope it works out for you, nobody likes to be apart for very long. And watch out for those attorneys, some of them just want your money, and dont give a damn if you get to your destination or not.

Good luck

[amykathleen2005 441]

All I have heard you say over and over again is that you want to adjust status to get the in-state tuition rate. Shouldn't being with your husband be your priority?

[SunDrop 59]

I don't see how you feel you are entitled to in state tuition. The whole reason for it is that those living in the state have paid taxes which have gone to the public universities in the state and therefore they qualify for lower rates. As you personally have not paid taxes in the state you are moving too or any state for that matter why should you get a tuition break?

This isn't a fair question. It's not about 'feeling entitled' it's about state law making you entitled by virtue of marriage to an established resident. I haven't paid taxes yet but my husband has. And since the state views what's mine as his and vice-versa, this includes my in-state status for tuition purposes. In AZ, that's 1 year's residence, unless you have moved because of a corporate relocation or due to active military service.

I don't need to have been resident in the US or paid a single penny personally in taxes in order to qualify for financial aid either. I just need to be following an accredited course of study at an accredited school and have my CGC in hand.

So please don't cast judgement in this way, because what it seems you're really saying is that you believe she's married for the wrong reasons. Not up to us to judge why she's married a USC, as long as she's not asking us to promote or assist her in committing immigration fraud. People don't have to marry for love for it to be a legitimate marriage. They just have to not be marrying for immigration benefit. Couples can choose to live apart for a plethora of reasons, that are absolutely none of our business, unless she openly admits it's for immigration benefit and then we need to remind her of T&Cs and legalities for all parties and move along.

[slangofoil 50]

All I have heard you say over and over again is that you want to adjust status to get the in-state tuition rate. Shouldn't being with your husband be your priority?

Give it a rest. Sheesh. Out-of-state tuition costs are exhorbitant, so if there's a way I could get in-state tuition, I'd darn well try to get it. She had already planned to go there for school, now she's married, and sees a potential way to get cheaper tuition. There's nothing wrong with pursuing that as long as she follows the law.

Way to be all kinds of judgmental.

[Myopia 93]

Actually I have paid taxes in the state I am going to school in because I lived there for a while before coming back to Canada to finish my degree. Also I qualify for in state tuition because I am the spouse of someone who pays in state tuition. You really should ask questions before you make statements with no grounds.

I agree.