AOS from F1

[canuck-in-chitown 2]

Very grateful to all the helpful individuals out there!

I am Canadian, my wife is a USC. We met in 2006 while overseas and were married in the US in September 2008. After we were married my wife came to Canada for a few months, we traveled abroad together and then returned to Canada to volunteer with a non-profit. Then in August 2009 we entered the US where I began school on an F1 Visa.

My F1 visa will expire in July. Can we file an I-130 petition and AOS to greencard from my current F1 status? Do I just follow the Guide for the petition of a spouse living in the US? Anyone see any hiccups or potential problems here?

Thanks so very much,

canuck-in-chitown

[Lex Specialis 38]

Very grateful to all the helpful individuals out there!

I am Canadian, my wife is a USC. We met in 2006 while overseas and were married in the US in September 2008. After we were married my wife came to Canada for a few months, we traveled abroad together and then returned to Canada to volunteer with a non-profit. Then in August 2009 we entered the US where I began school on an F1 Visa.

My F1 visa will expire in July. Can we file an I-130 petition and AOS to greencard from my current F1 status? Do I just follow the Guide for the petition of a spouse living in the US? Anyone see any hiccups or potential problems here?

Thanks so very much,

canuck-in-chitown

No hiccups. I-130 concurrently filed with a I-485/I-765. However, since you are married more than 2 years, you should get a 10 year green card, not a two year and do not need to go through removal of conditions.

[Inky 1,110]

Very grateful to all the helpful individuals out there!

I am Canadian, my wife is a USC. We met in 2006 while overseas and were married in the US in September 2008. After we were married my wife came to Canada for a few months, we traveled abroad together and then returned to Canada to volunteer with a non-profit. Then in August 2009 we entered the US where I began school on an F1 Visa.

My F1 visa will expire in July. Can we file an I-130 petition and AOS to greencard from my current F1 status? Do I just follow the Guide for the petition of a spouse living in the US? Anyone see any hiccups or potential problems here?

Thanks so very much,

canuck-in-chitown

You shouldn't have any issues no, just follow the guides for both living in the USA like you said! Make sure to use the uscis civil surgeon finder so you can go to the correct place for your medical and make sure you send the medical with your humungus package.

[canuck-in-chitown 2]

No hiccups. I-130 concurrently filed with a I-485/I-765. However, since you are married more than 2 years, you should get a 10 year green card, not a two year and do not need to go through removal of conditions.

Thanks I appreciate the verification. I found many posts relating to marriage during F1 but not before F1 as in my case, so I just wanted to inquire.

[ValerieA 350]

There shouldn't be any problems, as long as you did not misrepresent yourself to get the F-1 visa. For example, if they asked you if you were married to a USC, and you said no, that would be bad.

[canuck-in-chitown 2]

There shouldn't be any problems, as long as you did not misrepresent yourself to get the F-1 visa. For example, if they asked you if you were married to a USC, and you said no, that would be bad.

Nope, they knew I was married. Thanks for everyone's help and patience, it is very much appreciated!

[newacct 688]

One question will be how and when you decided you wanted to immigrate. When you got your F1 visa, and every time you entered the U.S. with it, you must have intended to leave when you're done. If you only decided to immigrate recently after your last entry, then it should be fine.

[canuck-in-chitown 2]

One question will be how and when you decided you wanted to immigrate. When you got your F1 visa, and every time you entered the U.S. with it, you must have intended to leave when you're done. If you only decided to immigrate recently after your last entry, then it should be fine.

That brings up an interesting situation.

What determines "intent" and "decision" here?

I don't "intend" to remain in the US for any other purposes than for my studies while I am on my F1 visa because I know anything different would jeopardize my status.

But my wife and I are "considering" changing my status in order to live in the US to care for her parents. Wouldn't "making the decision" be contingent upon actually filing the papers? Until then haven't we just been "considering" it?

I press this further because at present I have not filed anything and remain on my F1 visa pursuing my studies, but I am planning to visit family in Canada soon, which could be the last time before we would file for AOS. When I will re-enter on my F1 it will be for the purpose of completing my studies. And until I actually file for AOS, I am intending to leave upon its expiry and the completion of my studies.

I really do want to be honest and not do anything to hamper the AOS process. Does this sound okay?

Thanks so much "newacct" for bringing this up! I do not want to make any mistakes here!

[canuck-in-chitown 2]

That brings up an interesting situation.

What determines "intent" and "decision" here?

I don't "intend" to remain in the US for any other purposes than for my studies while I am on my F1 visa because I know anything different would jeopardize my status.

But my wife and I are "considering" changing my status in order to live in the US to care for her parents. Wouldn't "making the decision" be contingent upon actually filing the papers? Until then haven't we just been "considering" it?

I press this further because at present I have not filed anything and remain on my F1 visa pursuing my studies, but I am planning to visit family in Canada soon, which could be the last time before we would file for AOS. When I will re-enter on my F1 it will be for the purpose of completing my studies. And until I actually file for AOS, I am intending to leave upon its expiry and the completion of my studies.

I really do want to be honest and not do anything to hamper the AOS process. Does this sound okay?

Thanks so much "newacct" for bringing this up! I do not want to make any mistakes here!

After poking around for a while the consensus seems like this would be nearing visa fraud, so I'll be staying here and filing. Thankfully when I last entered (the US from a visit to Canada) in December 2011, we had not yet made any decisions to stay longer.