Military about to move!

[flamebo1313 0]

I'm in the military and I am going to be moving in the next 2-4 of months. We are just about to submit the paperwork for her change of status from a student visa after she does a quick trip home this week. If my wife moves with me this summer are we going to run into any problems with her not going to school while the paperwork is being processed???? If so what do you suggest is the best way to handle this situation. And at what point in the timeline is she normally ok not to be attending school.

Thanks,

Mike

[YuAndDan 153]

Possibly.

First, the move is not the issue.

It is the quick trip home while married, then returning of the F-1, and then moving and applying for AOS without going to school. The entry on F-1 with no intent to go to school, however with the intent to immigrate, may get questioned at the AOS interview.

Best would be to file the I-485/I-130/I-131 now, wait for AP to travel, and then do so with AP document.

[flamebo1313 0]

She is just going home for her spring break. She will be returning to school after the trip.

[Harpa Timsah 13,258]

That doesn't discount what YuandDan said.

He is right, you are suggesting entering on an F-1 visa with the intent to immigrate, and using a non-immigrant visa to immigrate is visa fraud.

I would do what YuandDan said and apply for AOS now and wait for the AP. Looks like trip home would have to be changed.

[flamebo1313 0]

Unfortunately her Grandpa's surgery did not go well and she is going up to Canada to visit him. There is no stopping her. Should she not show her F-1 Visa coming back or something. And it shows intent to immigrate just because we are married? There was/is a chance to get an overseas assignment when we move. Or our we pretty much SOL from this situation.

Edited March 1, 2011 by flamebo1313

[YuAndDan 153]

Unfortunately her Grandpa's surgery did not go well and she is going up to Canada to visit him. There is no stopping her. Should she not show her F-1 Visa coming back or something. And it shows intent to immigrate just because we are married? There was/is a chance to get an overseas assignment when we move. Or our we pretty much SOL from this situation.

This is a grey area.

If coming back on the F-1, and return to college for classes, and then filing the AOS package while attending classes, and perhaps showing signed up for classes in the fall semester if the question comes up during AOS, I would say that would be a safe bet.

Returning to the USA on F-1 and returning to classes as well as showing signed up for classes in fall will show intent on entry is for what the visa is meant for schooling.

[Little_My 464]

She can't "not show her F-1" when she comes back - of course her passport is checked at POE, and she enters as F-1 as long as she has a valid F-1 visa. If she happens to be asked a question at POE when coming back about her civil status, she also should not lie. It's possible they won't let her in, but lying will bare much worse consequences for your future.

As mentioned in the earlier response, I guess this is a bit of a gray area.. But unfortunately, my feeling is that if she 1) is married to a USC 2) leaves the country and returns on an F-1 and 3) stops her studies pretty soon after that and files for AOS, that could raise a red flag. As soon as she withdraws from her school, her F-1 is canceled. Once she stops being enrolled full time, she is in violation of her F-1 visa unless she has permission for that. So if you guys are moving, and she is about to stop school and you are about to file for AOS, I think it will be hard to prove that she did not re-enter the US with the intent to immigrate after her trip to Canada.

Then again, if you file for AOS while Spring semester is still on and she is still enrolled in school full time, maybe it won't be a problem. Our situation is similar, I guess - I am on an F-1, went home for christmas break, got back in January and got married in mid-February, and we are filing now. The difference is, that we were not married when I last entered the U.S. and I am a full time student until May, which is when I graduate. This, of course, might cause extra questions for us as well, which we are trying to be prepared for if needed. Here's hoping for the best..