AOS possible for young students?

[ahoy 0]

My boyfriend is here on a student visa, and will be graduating this semester, after which he'll begin his OPT. I'm pretty confident that will work out for him. Afterwards, he plans to try for a work visa... I know his chances are terrible. Even aside from the lottery, he's not in a STEM field so his opportunities for finding a sponsor will be slim.

This is part of why I'm looking into keeping him here with me via marriage, but there are some complications:

• I am also a student, and won't be graduating until fall 2016, but we'd almost certainly have to get married before then unless he overstays
• Because I'm a student, I won't be able to fulfill the income requirements (and may not have a job), but one of his aunts or uncles (who live here, and who he currently lives with) should be able to co-sponsor
• We live apart and our relationship is long-distance, primarily due to school, though I plan to move to where he and his family are as soon as I graduate

To be clear, while I'd like more wiggle room (six months more would be great...) I don't have any qualms about marrying my sweetheart, and I've been intending to move to the area he lives in even prior to meeting him. So I don't mind expediting plans to avoid the pain of him leaving me.

I know co-habiting is a big deal as far as proof of a bona-fide marriage goes. I'll be trying to get an internship where he is next year, and if that works out, I would be living with him or his family over the summer, at least, but even if I manage this, I would have to return to finish my final semester. Attempting to transfer to a university near him seems like a terrible idea this late in the game for me, since the entire reason I stuck around here even though I hate it is that I'm able to live with my parents who have supported me and will enable me to graduate free of debt... also surely all my credits wouldn't transfer, thus setting me back even farther from getting a decent-paying job.

My question is, in light of these circumstances explaining our separation, do you think we could prove a genuine marriage? We could surely manage a joint bank account and we have mutual friends who could submit affidavits attesting to the validity of the relationship based on their own observations. Photos and receipts from visits we can also do (obviously, photos of the wedding too). I know a joint lease would be more convincing, but would it work if he lives with his aunt and I intend to move in with them upon graduating?

This is all pretty far off still, but I like being prepared and doing my research.

[Penguin_ie 5,997]

"Intending to move" doesn't count, because it is so easy to say that (I know you are genuine, unfortunately many others are not). Now, living apart is not an automatic denial, but it IS a big deal, so you would want a lot of other evidence such as very frequent visits, co=mingling of finances etc. That being aid- if he has OPT secured, no need to get married right now, plan to to so for near the end of his OPT, allowing more time to find a way to move in together and amass other bonafide evidence.

[ahoy 0]

"Intending to move" doesn't count, because it is so easy to say that (I know you are genuine, unfortunately many others are not). Now, living apart is not an automatic denial, but it IS a big deal, so you would want a lot of other evidence such as very frequent visits, co=mingling of finances etc. That being aid- if he has OPT secured, no need to get married right now, plan to to so for near the end of his OPT, allowing more time to find a way to move in together and amass other bonafide evidence.

Ouch. But understandable...

As I said, there's no way I can move in with him unless I transfer universities (significantly delaying my graduation and incurring debt) or drop out, because my graduation date is after his time here will expire.

We might be able to get a joint lease... Any other ideas of financial/legal evidence we could acquire in our situation? Health insurance and car insurance are out (may not have job with insurance/car too expensive).

And yes, this is a half a year to a year out, but I want to have a plan.

[NancyNguyen 1,658]

Finish college -> move to same residence -> commingling marriage -> immigration. No rush.

[ahoy 0]

Finish college -> move to same residence -> commingling marriage -> immigration. No rush.

How can there be no rush?! His visa will expire before I graduate!

[slangofoil 50]

If you want to pursue him staying and adjusting status I think I would get married now and start building evidence that will help counter the living apart issue (joint bank accounts, credit cards, 2015 taxes filed together when the time comes, frequent visits). Getting married now as opposed to right before his OPT expires will probably look better to USCIS.

Otherwise you can consider getting married soonish and going through the CR-1 process - he can stay while the I-130 petition is in process, then go to his home country either when his OPT expires or it's time for the CR-1 interview (whichever comes first) and then come back on the CR-1.