Enter with F visa now AOS problem.

[subwayguy 100]

I am from Hong Kong and my partner is from the US. I was living in Beijing and I met My partner who was studying abroad . We fell in love and I decided to come to the states to be with him. I came on a F visa and have maintained my status for 6 years. Back then same sex marriage was not legal and we didn't have immigration benefits. We've been living together all this time since I came , I renewed my visa once in Canada.

My question is , could IO see this as something wrongful ? That I came on a F1 visa but knowingly would maintain a relationship with a USC ? Could they deny my i485 because that my intention was to migrate here ?

[superduperfriend 1]

I am from Hong Kong and my partner is from the US. I was living in Beijing and I met My partner who was studying abroad . We fell in love and I decided to come to the states to be with him. I came on a F visa and have maintained my status for 6 years. Back then same sex marriage was not legal and we didn't have immigration benefits. We've been living together all this time since I came , I renewed my visa once in Canada.

My question is , could IO see this as something wrongful ? That I came on a F1 visa but knowingly would maintain a relationship with a USC ? Could they deny my i485 because that my intention was to migrate here ?

I don't see how it would be wrongful. You came on a F1 visa and have been here for 6 years with that status so in that time frame it is impossible someone does not start a romantic relationship with someone. we are human beings! who can be single for 6 years? One question, why did you have to go to Canada to renew your visa?

Edited July 8, 2014 by superduperfriend

[milimelo 4,569]

~Moving to AOS from student, work, tourist visa as OP came in on F1 visa (student).~

[aaron2020 11,651]

I am from Hong Kong and my partner is from the US. I was living in Beijing and I met My partner who was studying abroad . We fell in love and I decided to come to the states to be with him. I came on a F visa and have maintained my status for 6 years. Back then same sex marriage was not legal and we didn't have immigration benefits. We've been living together all this time since I came , I renewed my visa once in Canada.

My question is , could IO see this as something wrongful ? That I came on a F1 visa but knowingly would maintain a relationship with a USC ? Could they deny my i485 because that my intention was to migrate here ?

Hi,

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

Your intent to immigrate alone will not cause the AOS to be denied.

[Finn2 8]

I'm in the same boat as you and was a little worried, too! Met my partner before I came to the US in 2009 and came to the US in 2010 on an F1.

However, same-sex marriage on a federal level wasn't even possible until last year. When I came to the US, I didn't actually expect it to become legal anytime soon nor was I thinking about marriage at that time. My #1 reason was still moving here for school, the relationship was just an added benefit. That's the reason I gave at the POE, which was the truth.

[subwayguy 100]

I'm in the same boat as you and was a little worried, too! Met my partner before I came to the US in 2009 and came to the US in 2010 on an F1.

However, same-sex marriage on a federal level wasn't even possible until last year. When I came to the US, I didn't actually expect it to become legal anytime soon nor was I thinking about marriage at that time. My #1 reason was still moving here for school, the relationship was just an added benefit. That's the reason I gave at the POE, which was the truth.

Oh well. I didn't tell them anything at POE. I've entered the US at least 20 times in the past 6 years and they almost never asked me anything besides which school do you do. Or my major. At least 5 times they didn't even look at my i20.

I don't know if they IO would just cut us some slacks for the fact we came to the states on F1 because there was no way Round it. Anyway , let me know what happens at the interview :-) best of luck !