I just want to clarify if she already had a F1 visa. AOS

[195 1]

Is it possible she can just do a AOS if we get married up here? She has a long history of traveling to the US without issue. And combined with the fact that her dad is a congressman in Brazil could help prove that no fraud is intended.

If she is already here for school right now, do I have any options if we want to get married where I wouldn't have to do this long process?

[YuAndDan 153]

Visa fraud has to do with intent, If the F-1 or other type of visitors visa was aquired with the intent to immigrate then fraud may be suspected.

Many come to the USA on a student visa, go to school then find their love, marry and adjust status. Their origional intent was legitimate (going to school) they did not intend to find love, and marry, this is OK.

Entering the US on another type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The reason for this is that you applied for the original visa, and then after entry into the US quickly applied for adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions regarding the timing issue for adjustment of status.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

See the guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

[195 1]

Thanks for the reply.

it's definitely not visa fraud. She has already been here for school for over 2 months and has over 4 years of college under her belt.

So can you confirm that it is possible we could just do AOS directly and bypass a large portion of the K1/K3 process? I know it's possible with some types of visa's, but for eligibility, F1 isn't listed for eligible or ineligible.

[meauxna 15]

Thanks for the reply.

it's definitely not visa fraud. She has already been here for school for over 2 months and has over 4 years of college under her belt.

So can you confirm that it is possible we could just do AOS directly and bypass a large portion of the K1/K3 process? I know it's possible with some types of visa's, but for eligibility, F1 isn't listed for eligible or ineligible.

It's a bad idea to play 3rd hand advisor on a touchy subject like immigration--the stakes are very high for the girl you're talking about.

Why not encourage her to speak with her Int'l Student Advisor at school? They are legally able to give immigration advice, and will have all her documents and story there.