Student Visa -> Spouse?

[NLP 0]

<deleted, misunderstood how long she was here>

Edited January 11, 2007 by NLP

[Killer_Clown_2009 0]

If you are married and she is not interested in attending the school in Michigan, then she should move in with you and you should start the process. You need to file an I-130 in addition to the AOS and EAD application.

[Yodrak 7]

detri,

If she doesn't want to go through the program that she came for because it isn't what she wants, then your questions with regard to the school issue are moot.

But now you've made me curious - she hasn't started the program yet, and she knows in advance that it's not what she wants? So why did she sign up for that program and apply for a visa to attend it? A USCIS case officer might wonder the same thing. (Be careful how you present information - you might raise new issues that you did not intend.)

Yodrak

Well, the school she's going to is offering a program that isn't quite what she wanted, and since she already has a lot of credits, she could just go to the school down here and finish her past degree. It's not really the big issue here - it's the time - it's sort of difficult for us to be apart obviously.

So she doesn't need to be at the same address to apply for adjustment of status? Would that not throw up a red flag to USCIS? Or can we just claim that financial / schooling issues keep us apart? We'd rather just have her move down here, honestly. So would my family. She's walking 3 miles a day to go to school, in Detroit, during winter, so we don't feel safe letting her do that.

I'm just trying to make sure that if we CAN avoid her having to go through all of that, that we get it done.

[detri 0]

Yeah, I sort of put that wrong. Her degree that she was going for in the Philippines was almost finished (Advertising), but she wanted some sort of art degree. She came here to study Animation... but recently she's understood that she'd rather just finish the advertising degree (all she needs is some minor subjects), rather than going to school and going through everything all over.

I understand how that could be a flag as well, but we'll make sure our story is straight before an interview.

Thanks for the replies! I guess... we should just go for it? I'll probably consult with a local immigration attorney and see what he thinks before I really do this, though.

By the way, posted a photo of us in the gallery in case you're intrigued

[detri 0]

My biggest question would be, does she need to attend school at all? If we were to take her out within 30 days of her starting her program, would it be okay? She originally came in on a tourist visa in March '06 and adjusted to student status.

Her intent was to come here and study.

[detri 0]

Anyone?

[jso 0]

Almost sounds like a convoluted case to me

Little education/knowledge gained is wasted (unless she's taking underwater basket weaving)

My suggestion: She should stay in school to complete the semester she's in, and then transfer to a school near you and start taking classes there as soon as she can. She should NOT flunk out. If she is already pretty deep into classes, she needs to keep going. If she hasn't attended at all since getting her F1, chances are they've most likely reported her to SEVIS already and that's another bag of worms. I won't suggest anything to you in that aspect...let's just say, they might come aknockin'. If she's taking classes diligently right now, she can transfer schools, get somewhat settled, and then you can adjust. You will be saving yourselves a *ton* of stress that way.

Potential red flag that this could bring up:

*Intent to migrate (Student - PR: adjusting so soon after Student Visa; if she flunks out and is kicked out of school, she will have to appeal to keep her visa to be reinstated; pretty tough process especially if she can't show legitimate reasons for flunking out (some form of hardship))

[Yodrak 7]

detri,

Changed to student status. The term 'adjust' is reserved for the situation of going from non-immigrant to immigrant (LPR) status.

You are making this sound more and more like a situation where the woman got into the USA as a non-immigrant and is now looking for ways to stay. Have a consultation with an immigration attorney to review all of the details of the case and your 'hoof-in-mouth' disease.

Yodrak

My biggest question would be, does she need to attend school at all? If we were to take her out within 30 days of her starting her program, would it be okay? She originally came in on a tourist visa in March '06 and adjusted to student status.

Her intent was to come here and study.

[Nancy2015 2]

Thanks, I'm wondering if it's possible for her to move down here ... or would she have to keep going to school? The guide on this site states that as long as you keep the visa's status alive (which would mean attending school, right?), she can stay here as long as she needs... I guess we should talk to her school about that? heh

Technically, she won't have to study as soon as you file for AOS. There's nothing wrong in getting married and continue going to school without filing AOS. You will even have a shot at an unconditional green card if you are patient

An F1 student can always transfer to a school of her choice. If she doesn't like the program in Michigan, she can transfer to a school in Florida.

I personally don't think that getting married and filing AOS right away while on a student visa is a good idea. I got married while I was an F1 student (and it happend fairly quickly after my first entry), but the idea of leaving school never crossed my mind. We applied for my AOS shortly before my I-20 was about to expire, so I didn't fall out of status that way. We didn't have any problems at the interview - no questions about intent asked, but I have a feeling that had I abandoned school and filed for AOS right away, USCIS would have given me a hard time.

My personal opinion (NOT a legal advice!!!): get married whenever you want, but wait on filing AOS. And more: there's always a K-1 visa option for you. It is the legal and the safest route for you. If going to school is not her first priority, I would strongly recommend you to use a K-1 visa. Yes, she will have to leave the country, but she won't have problems getting back here.

Good luck, whatever you decide to do!

[SC & TF 1]

Yes I agree. I also got married while on F1-OPT status. We met while in college, but didn't get married until I graduated. Even when I graduated, I didn't get married until four months before my visa expires. When on an F1 visa, your records are kept in the SEVIS system. If you drop out of school, there will be red flags in your record, and USCIS may take that into consideration when you eventually apply for AOS. I'll advise her to not quit school, even if you're married. As long as she is on F1, she is still legal. She can wait a little while to file for AOS. There's really no hurry. It's better to wait now, and look good to USCIS, than rush to apply for AOS too soon, and raise red flags in the process. If I were you, I would wait and get to know her a bit longer before filing for AOS. Good Luck.

Edited January 13, 2007 by SC & TF