Change from J1 to F1 while in the USA

[steminem 0]

So I entered the USA in 2008 on a J1 visa for to work 2 years. In June of 2010 I applied for change of status to a F1 so I could go to school for 3 years. The change of status was received while I was in the USA so I didn't actually have a F1 visa yet just permission to stay until 2013 as stated on my I-20. In order to get the visa in my passport I would have to leave the USA and get it from the consulate in my home country. So in December 2010, after 1 semester of school, I was allowed to leave the country for 2 weeks to go home and visit my family so and while there I got my actual visa in my passport. Upon returning to the USA, I got married unplanned/spur of the moment to the man of my dreams at the end of January (less than 30 days from returning in USA). We went to a lawyer today to start the green card process and she said that it would be considered visa fraud since I got married within 30 days of returning to the USA...? I had no clue this was an issue and am certainly not one to break any laws...now what?

Anyone have any experience with something like this? My intent is to go to school and get my degree...it was never just to get married and stay in USA...

Please help!

[Barbara J 115]

So I entered the USA in 2008 on a J1 visa for to work 2 years. In June of 2010 I applied for change of status to a F1 so I could go to school for 3 years. The change of status was received while I was in the USA so I didn't actually have a F1 visa yet just permission to stay until 2013 as stated on my I-20. In order to get the visa in my passport I would have to leave the USA and get it from the consulate in my home country. So in December 2010, after 1 semester of school, I was allowed to leave the country for 2 weeks to go home and visit my family so and while there I got my actual visa in my passport. Upon returning to the USA, I got married unplanned/spur of the moment to the man of my dreams at the end of January (less than 30 days from returning in USA). We went to a lawyer today to start the green card process and she said that it would be considered visa fraud since I got married within 30 days of returning to the USA...? I had no clue this was an issue and am certainly not one to break any laws...now what?

Anyone have any experience with something like this? My intent is to go to school and get my degree...it was never just to get married and stay in USA...

Please help!

Well if that was your intent then you are going to have to prove a lot hey. You must have been in this relationship before you came back. And you must have been serious before to get married in 30 days. SO you better start gathering lots of evidence if you want to AOS. Or you can go back home and your husband can file CR1 spousal application for you. I am sure you will get lots of comments on this one.Where are you from?

Edited February 25, 2011 by Barbara J

[steminem 0]

Thanks for the reply. The relationship existed prior to me leaving to go visit my family and yes we have some things together that can prove it, as required by the I-130/I-485 forms. The lawyer just really caught us off guard today talking about fraud...that's the absolute last thing we would ever do is something illegal...we are by the book type poeple so we were shocked...originally from South Africa, resident of New Zealand. Is the CR1 similar to applying for a green card? easier or harder? again..thanks for your reply...makes me feel a tiny bit better...lol

[Harpa Timsah 13,258]

30/60/90 day rule, which your lawyer is talking about, is no longer in effect. Get a new lawyer who is more up to date. It is possible they will look at intent, but it is not a clear-cut "30 days must have had intent" kind if thing, like it used to be. You will get a chance to tell your story, and if you are squeaky clean, they might not even ask you or care, because intent alone is not enough to deny an AOS. Good luck.

[Little_My 464]

Reading this actually made me a bit worried and got me wondering if there is something I have missed or not think of.. Here is our situation:

1. Met my American husband in Kenya in 2007

2. We lived together on and off in Finland for about two years, when I was finishing my degree there

3. Applied to graduate program in New York and was accepted. Started my program in Aug 2009. In my visa application and interview for F-1, was honest about my American boyfriend, because he was my sponsor and we were going to live together here. No problems getting the F-1 visa.

4. We got engaged in Feb 2010

5. Got married here at city hall on february 11th, 2011

6. Filing our I-130, I-485, I-131, EAD and all that next week

So, here is my question / concern:

Since we got engaged in 2010, I have traveled back home twice - in August, and then for christmas holidays. Could this be considered some type of a fraud, since we were engaged, though there were no concrete plans of us getting married / date set etc.? This actually had not even occurred to me before.. I am graduating in May, so we are now filing for AOS. Should we expect to run into any problems?

Apprciate all the advice, as always.

Edited February 25, 2011 by Mrs.Finland-USA

[steminem 0]

thanks to everyone for their replies. I think I may get a new lawyer...my feel is that shes just trying to scare us into thinking we need her..."justifying her existence".

[Barbara J 115]

Reading this actually made me a bit worried and got me wondering if there is something I have missed or not think of.. Here is our situation:

1. Met my American husband in Kenya in 2007

2. We lived together on and off in Finland for about two years, when I was finishing my degree there

3. Applied to graduate program in New York and was accepted. Started my program in Aug 2009. In my visa application and interview for F-1, was honest about my American boyfriend, because he was my sponsor and we were going to live together here. No problems getting the F-1 visa.

4. We got engaged in Feb 2010

5. Got married here at city hall on february 11th, 2011

6. Filing our I-130, I-485, I-131, EAD and all that next week

So, here is my question / concern:

Since we got engaged in 2010, I have traveled back home twice - in August, and then for christmas holidays. Could this be considered some type of a fraud, since we were engaged, though there were no concrete plans of us getting married / date set etc.? This actually had not even occurred to me before.. I am graduating in May, so we are now filing for AOS. Should we expect to run into any problems?

Apprciate all the advice, as always.

No you would have been able to go home no issue on that visa but now you are married and it all happened in the month you will have to have loads of evidence of your relationship and just be honest and tell the story as you just told us.

[Boiler 45,541]

You need a new lawyer, at least you know that now before she got you into serious problems.

[steminem 0]

boiler...thanks for the confirmation...I think she just wanted us to hire her for the interview process which is another $800 or so...i swear everything is about damn money...its hard to find someone these days who genuinely wants to help you...

[Boiler 45,541]

You were talking with a lawyer.....

[steminem 0]

yeah sorry was talking with a lawyer..think shes a quack tho...

[steminem 0]

One more question regarding my situation, I assuming after all that has been said above the most important thing is to prove that the marriage is real and the relationship existed before we left the country for 2 weeks? again thanks to all of your for your advice! You really have helped us so far!