Married USC before coming to US on an F1 visa, now wanting AOS

[Karlis0914 0]

Hi,

Just wondering if anyone has done this (see topic title)?

My husband is a US citizen, I'm British.

We met / got together in 2009 in South Korea and spent 4 years travelling / living / working abroad. We had a small wedding in Oz in July 2013, then he came to the US for work in August 2013 and I came on an F1 visa in December 2013.

We've decided to apply for AOS and just wondered if us being married abroad prior to my entry to the US would be a 'red flag'? we didn't originally intend to stay in the US for longer than a few years, but it seems like our best option now.

Also, I'm wondering what happens once the application is filed. Do I get to chose whether to maintain / abandon my F1 status? If so, can I still study until the AOS is approved or can I only register for classes if I maintain my F1 status?

Any help / advice / experience sharing would be much appreciated.

[Super King 26]

No, it won't be a red flag. Don't worry about that.

Once you file AOS you should go to International office of your university and let them inform about AOS thing, you should tell them that " you would like to maintain F-1 status until AOS get approved". So that due to any reason if your AOS get denied, you can still maintain your F-1 status. But if you tell them that you want to terminate your status as F-1 once you file AOS, and if your aos gets denied at a later date due to some reason, you will be placed in removal proceedings. So it's better to maintain F-1 status until AOS gets approved. Good luck.

[Karlis0914 0]

That's great! Thanks for your advice.

[NancyNguyen 1,658]

Once you apply AOS, no matter if you are approved or not, your F1 visa is invalid. There is no such F1 maintaining just in case your AOS is denied. You can let your counselor know that you are applying AOS, and you will be able continue to enroll, most of cases with no problem. Maintain your F1 status might just help a little bit that you didn't intent to come here on F1 to stay, in interviewer POV.

Did you disclose on your DS-160 that you are married or answer questions about your spouse being an USC? And how did you answer them? The fact you will have trouble if you provided them wrong answers. At the interview you will have to persuade interviewer why you AOS within months you get to the States.

[aaron2020 11,651]

Once you apply AOS, no matter if you are approved or not, your F1 visa is invalid. There is no such F1 maintaining just in case your AOS is denied. You can let your counselor know that you are applying AOS, and you will be able continue to enroll, most of cases with no problem. Maintain your F1 status might just help a little bit that you didn't intent to come here on F1 to stay, in interviewer POV.

Did you disclose on your DS-160 that you are married or answer questions about your spouse being an USC? And how did you answer them? The fact you will have trouble if you provided them wrong answers. At the interview you will have to persuade interviewer why you AOS within months you get to the States.

Nancy,

You got this wrong.

The F1 does not become invalid when he applies for AOS. He is asking to adjust his status from F-1 to LPR. How can his F-1 end before he gets a new status? It doesn't end. His adjustment will either be approved or denied. If it is approved, he goes from F-1 to LPR at that time. If it is denied, he does not lose his F-1 as long as he maintained it. His request to change his status is what is denied.

Furthermore, preconceived intent to immigrate alone is not a valid reason to deny an AOS of an Immediate Relative of a USC as long as the person did not lie at the POE.

The OP has already stated that he/she changed his/her mind after getting here. Don't seem to be any reason to doubt him/her.

[greenalien 3]

i'm very sure you don't lose your F-1 status once you apply for AOS, because i continued to be employed under F-1 OPT until i got my green card. my F-1 status only ended when my AOS application was approved.

[Elise K 4]

I talked to my lawyer about this. F-1 visa wouldn't terminate while AOS is processing but it will terminate end of process either it's approved or denied

[Harpa Timsah 13,258]

Did you indicate on your F1 application that you were married to a USC?

[Mariam&Smith 45]

Nancy,

You got this wrong.

The F1 does not become invalid when he applies for AOS. He is asking to adjust his status from F-1 to LPR. How can his F-1 end before he gets a new status? It doesn't end. His adjustment will either be approved or denied. If it is approved, he goes from F-1 to LPR at that time. If it is denied, he does not lose his F-1 as long as he maintained it. His request to change his status is what is denied.

Furthermore, preconceived intent to immigrate alone is not a valid reason to deny an AOS of an Immediate Relative of a USC as long as the person did not lie at the POE.

The OP has already stated that he/she changed his/her mind after getting here. Don't seem to be any reason to doubt her.

At my AOS interview, IO said my F1 would be terminated if my AOS were denied, and I would have to either file appeal/motions or leave. But we got approved later in a month.