Need series help ASAP on F1 to AOS

[chickentime 0]

Here is our situation:

I came to the US in Fall 2010 from Canada (I am Canadian) on a F1 student visa.

Starting dating a US citizen Feb of 2011

We got engaged Dec 2011 in Paris, visited my family in Canada after.

Returned to America end of Dec on my F1 (as I was still in school)

Mar 2012 we had our Pastor sign our marriage certificate with just us, and had the public wedding ceremony and reception June 16 - we got officially married earlier as we thought we would move overseas after our wedding and wanted her name changed by the time we left for overseas.

June 17th following our wedding we traveled overseas until now, and currently are in the Philippines. We had planned to live in the Philippines.

I have already transfered my classes from being on campus (in Kansas), to an all online program through a different University in a different state (Mass.) so I could finish my degree overseas. School starts in a few weeks from today).

A week ago I received notice from my financial supporter of my school tuition that he will only support me if I am attending ON campus, not online.

And we found out how long it can take for me to get my green while overseas and would rather be stuck in the US than overseas.

Our plan now is to return to the US - me in a week (already booked my ticket and will be flying alone), my USC wife in 3 weeks (she has to wait for a shipment of our stuff that is arriving to the Philippines then).

Here are our desires.

1. Return to the US on my current F1 visa, and file for AOS once I am in the US (when I adjust for that is up for debate for you guys).

2. Drop school in Kansas after filing for AOS right away (before school in Kansas starts and thereby staying in the country legally),

And continue University at the other school (Mass), but part time on my AOS status (if on my F1 I have to take full time which is twice as expensive as my original university).

My questions and concerns:

Is it okay to enter the US on my F1 (still valid),

1. even though I am married. 2. even though I want to adjust my status (yet still plan to go to school)? 3. Also considering we have been legally married since March.

I plan on continuing to go to school either way BUT

if adjusting my status right away is not legal or a good idea, I can continue at my current on campus university (in Kansas) for a semester (though not my preference) thereby not dropping my F1 status and file after 60-90 days.

My preference is to drop that school right away as I want to transfer to the new school in (Mass).

Please help me sort this out as I don't want to commit visa fraud!

-Andrew

[chickentime 0]

Here is our situation:

I came to the US in Fall 2010 from Canada (I am Canadian) on a F1 student visa.

Starting dating a US citizen Feb of 2011

We got engaged Dec 2011 in Paris, visited my family in Canada after.

Returned to America end of Dec on my F1 (as I was still in school)

Mar 2012 we had our Pastor sign our marriage certificate with just us, and had the public wedding ceremony and reception June 16 - we got officially married earlier as we thought we would move overseas after our wedding and wanted her name changed by the time we left for overseas.

June 17th following our wedding we traveled overseas until now, and currently are in the Philippines. We had planned to live in the Philippines.

I have already transfered my classes from being on campus (in Kansas), to an all online program through a different University in a different state (Mass.) so I could finish my degree overseas. School starts in a few weeks from today).

A week ago I received notice from my financial supporter of my school tuition that he will only support me if I am attending ON campus, not online.

And we found out how long it can take for me to get my green while overseas and would rather be stuck in the US than overseas.

Our plan now is to return to the US - me in a week (already booked my ticket and will be flying alone), my USC wife in 3 weeks (she has to wait for a shipment of our stuff that is arriving to the Philippines then).

Here are our desires.

1. Return to the US on my current F1 visa, and file for AOS once I am in the US (when I adjust for that is up for debate for you guys).

2. Drop school in Kansas after filing for AOS right away (before school in Kansas starts and thereby staying in the country legally),

And continue University at the other school (Mass), but part time on my AOS status (if on my F1 I have to take full time which is twice as expensive as my original university).

My questions and concerns:

Is it okay to enter the US on my F1 (still valid),

1. even though I am married. 2. even though I want to adjust my status (yet still plan to go to school)? 3. Also considering we have been legally married since March.

I plan on continuing to go to school either way BUT

if adjusting my status right away is not legal or a good idea, I can continue at my current on campus university (in Kansas) for a semester (though not my preference) thereby not dropping my F1 status and file after 60-90 days.

My preference is to drop that school right away as I want to transfer to the new school in (Mass).

Please help me sort this out as I don't want to commit visa fraud!

-Andrew

[kzielu 1,149]

Sorry, you are on a straight way to commit it - you will be entering US on a non-immigrant visa with obvious intent to immigrate.

[CC90 90]

What you are planning to do is illegal and highly frowned upon. You will likely be denied entry if CBP finds out you are married to a US citizen. If this happens, you could be barred from the US for life.

Now that you've already left the US, you have to file for an immigrant visa.

[Little_My 464]

Wrong forum - but I noticed you have also already posted this same question in the right forum too. Just to reiterate what was already said there, what you plan to do is basically immigration fraud. You are now out of the country, and plan to return with a non-immigrant visa (F1) and file for AOS - that essentially is illegal. Right now, your only by-the-book option is to file to CR-1 from abroad.

[Little_My 464]

I responded to your post in the other AOS forum too (this is the right forum for your question, btw), but to underline what the previous posters already said - NO, you cannot come back with the F1 visa with the intent to remain here and file for AOS. That is visa fraud. Since you are already married, and you are now abroad, your only option is to file for CR-1 spousal visa from abroad if you wish to gain legal permanent residency in the US. You'll probably have to take a leave of absence form school, if your sponsor is not willing to sponsor online studies. You'll then be able to continue with your studies in the US once the CR-1 visa has been issued.

You can also return with your F1 visa, continue to go to school as per F1 regulations (i.e. full time), and once you are done, you can join your wife in the Philippines (or wherever she'll be), and then file for CR-1 when you guys are planning to return to the US permanently. However, you should be prepared to possibly being turned back at POE IF the IO decides to ask you about your marital status, and you have to say you're married to a US citizen.

Edited August 8, 2012 by Little_My

[Harpa Timsah 13,258]

Won't you need a new visa since you cancelled all of your classes in the US already?

[chickentime 0]

I realized the rule that if you are outside of the US for over a year you lose your green card right? After finishing my degree we plan on living in Canada and working there to pay off a lot of the school and living expense debt - so it would be pointless for us to get any kind of green card now.

Thank you for your help everyone