Start CR1 process while on Student visa?

[ewert333 0]

Hey gang,

Long time reader, first time poster.

My girlfriend and I want to get married. She is currently here on an F1 Visa and we want to start the Visa (permanent resident) process while she is in the U.S. so that she can travel back to Turkey for her interview, without interrupting her school schedule.

Is the CR-1 or K1 visa the best option here? Assuming we time this correctly, will this effect her F1 Status? My research tells me that we could get married in the U.S. in the fall and her interview would fall sometime in June, hopefully. Her trips home are for the summer so we have a 1/4 of the year window to hit that in if that is realistic. Also, can you move the interview date back if it gets scheduled in April for example?

NOTE: We are not going to try to adjust status as this seems to be a little risky.

Thoughts?

[Lainie B 465]

Why is AOS "risky"? Seems the perfect solution here.

[LmmL 46]

My friend's husband was on F1 visa, got married and they adjust the status. Her husband just received his green card.

[Boggy1974 124]

Yep, adjustment of status can work!

Getting married to a US citizen? All your 'sins' will be forgiven!

[ewert333 0]

Thanks for the quick replies internet mates!

I definitely have been seriously considering the change of status option, but what I have perceived as risky is that the officials can deny the change of status and ultimately her stay in the U.S. all together if they deem that we had an intent to marry to gain citizenship in the first place. We didn't necessarily, but she got her F1 visa equally for me and for acquiring an education here in the U.S. We have had an ongoing relationship prior to her coming here for over a year before she got her student visa and she moved in with me strait away so it might look like that was our intention. Maybe I've painted a scary picture of the worst case scenario, but is it true that if we file for a change of status they can deny it and basically exile her from the states? Thank you again for your prompt responses, this website is a godsend.

[LmmL 46]

They will not deny her.

[JnRMo 16]

It seems crazy to go through such a long process in the off chance they deny her

[ewert333 0]

Thanks again for posting to my response.

I am feeling better about the AOS. I have more peace of mind on the matter, but I still am worried that it could go all terrible on a very slight off chance. I don't think the U.S. has animosity twards Turkey (where she is from), but if they do and if they really want to dig into our past and deem that we had an intent to do a change of status a year after study in the U.S. could they do so? If they did deem that, would she loose F1 status and U.S. privileges?

If I do opt to go for AoS, which I am definitely considering more now, do I just go ahead and file for marriage and then fill out the paperwork domestically? From what I've researched AoS is the easiest and doesn't require an interview so that's definitely a plus, but I know it also runs the highest risk. My appologies for being redundant, I just want to cover all my bases! Thank you again for your support on the matter

[Lainie B 465]

Yes just get married and follow the AOS guide

http://www.visajourney.com/content/i130guide2

There will be an interview within the US if you follow the AOS route.

The AOS route is designed for people in your exact situation, so you should definitely use it.

I don't know what this "risk" is you keep mentioning, and why AOS would be the highest risk. There is no more risk for AOS than there is for CR-1 or K-1. If you follow either the CR-1 or the K-1 route, your spouse/fiance will need to leave the US for her consulate interview. If for whatever reason she is denied (which in general is just as unlikely as being denied AOS), then she will have a very hard time getting back in on her F-1. So no matter what path you take, she "risks" her F-1 status. Again, this is extremely unlikely. If there is some specific reason you think she would be denied it is most likely going to be in play no matter which path you decide to take (CR-1, K-1 or AOS).

[Ryan H 3,834]

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

OP, this is regarding the intent issue, your soon to be wife would be denied is if USCIS determined she was dishonest with them or Consular personnel abroad at any time in her dealings with them. Furthermore, the burden of proof is on the Government to prove Material Misrepresentation, not on her to prove she didn't have intent. The adjudicator's field manual also says suspicion of intent cannot be used to deny an AOS application.

I agree with the other posters in this thread, marry and adjust.

[ewert333 0]

So happy to hear these responses guys.
"The adjudicator's field manual also says suspicion of intent cannot be used to deny an AOS application." This makes me feel much more comfortable thank you for this comment.

To ellaborate on my anxiety of this risk, it is because I heard from a friend that if you had any sliver of intent (proved or suspected) to use a student Visa to later adjust status then USCIS could file the attempted Adjustment of Status as immigration fraud. That being said, we didn't initially have this intent and we just recently started discussing this option because we do want to get married and largely because this is a convenient way to gain peace of mind for her being with me after she has attained her education.

It sounds like there is a level of "risk" either way being that they can deny her and regaining F1 status is another obstacle in and of itself. Looks like all the links I need are posted as well . Thanks again for all your help!

[Lainie B 465]

Your friend is completely wrong.

Marry and adjust, you are very lucky you have this option available to you and don't have to deal with the visa process.

The only downside is there will be a period of time (90 days max) that she won't be able to leave the US.

Good luck!

[AnotherLostSoul 167]

If you are so worried that they'll deny her because of obtaining an F1 visa and moving with you right away thus raising the possibility of visa fraud, I honestly don't see how CR-1 route would circumvent that. I don't think this will be an issue, but if it was, either AOS, or CR-1 would deny her. The only difference would be that if she did AOS and told her International office that she's doing AOS but would like to maintain F1 status till approved/denied then if she gets denied she could still stay to finish her school (since she maintained her F1 status) while if she goes back home to Turkey and say she gets denied from the CR-1/K-1 route due to this "visa fraud suspicion" that you're so overly concerned then basically she'd be banned from returning for a good 10 years. So if you are so concerned on her being denied, sounds to me AOS denial would be still more favorable for her so she could stay to finish up her studies. However, if she is denied at home at the Embassy then that was her last trip out of the US and cannot enter back for a long while. And as others said, chances are 0.1% she'll get denied for knowing you in the past, and moving in with you right away thus implicating visa fraud. But again, either way, AOS seems the best route whether she'll get approved or denied. All the best!

[AnotherLostSoul 167]

I just read Lainie's response...and now see I wrote the same thing regarding her denial in CR-1/K-1 vs. AOS. Sorry Lainei, I sort of replied the same. LOL That means I should be reading other people's reply, eh? :/

[ewert333 0]

Awesome, even more verification that I have nothing to worry about!

She just bought a round trip ticket to return back after this summer and once she gets home we will go ahead and get married and then Adjust status. This does seem like the most natural route and I'll relay this to her and my friend to get rid of the woe of visa fraud, which I'm assuming only is applied in very obvious cases where someone obtains a K-1 and gets married immediately when entering the U.S. or something to that effect. Thank you so much AnotherLostSoul, Lanie B and Ryan H for the responses. This is the best advice I've received by far. Thank yoouuu!