Help with my I-539(Adjustment of non-immigrant status)

[marklk 0]

Hi everyone I'm currently on the process of completing my I-539 application adjusting from a B2 to a F-1 (student visa) I have my I-20 form from my chosen school and I just have few questions to make sure that I get highest possibility of approval.

My background:

I am currently living with my wife (permanent resident) here in the US and I came in as a B-2 (visitor visa) back in July 2015, I was given a 6 months stay which will expire on January 2016 and I originally have no plans to apply for a F-1. (student's visa) But since after we got married 2 months ago, we've discussed about our relationship and we wanted to stay with each others side. So then she filed a I-130 petition for me but since she is just a permanent resident, my application will take about 2 years before I can apply for a green card, my stay will expire in a few months so I decided to try and apply for a student's visa hoping that this will be the bridge for my wife and I to be together.

My History in the US:

My family and I use to be an investor here in the US back in 2009 we stayed for about 3 years until my mom decided to go back home because she couldn't take having a long distance relationship with my father who is residing in the Philippines and manages our business back home. anyways long story short, I have a good 3 years history here back in 2009 and studied high school in CA.

Sorry for the long intro, now my question is on my I-539 application what will be a good reason to tell USCIS for adjusting to a student visa? Firstly I had no intention of looking into school, my main reason for visiting the US is leisure purpose and to visit family and friends. I want to include a separate statement for the reason on my application.

My second question is from the application of I-539 "Has an immigrant petition EVER been filed for you or for any other person included in this application?"

What will be a sound answer for this part of the application?

I would really appreciate any help or comment from the Visa Journey community, I just want to use precaution before filing my I-539 and I also fully understand that time is of the essence and I need to file my petition immediately.

Thank you and have a blessed day everyone!

Mark

[Boiler 45,525]

Sorry for the long intro, now my question is on my I-539 application what will be a good reason to tell USCIS for adjusting to a student visa?

You know what your reason is, how would anybody on here know what it is?

My second question is from the application of I-539 "Has an immigrant petition EVER been filed for you or for any other person included in this application?"

What will be a sound answer for this part of the application?

Yes

[newacct 688]

my application will take about 2 years before I can apply for a green card, my stay will expire in a few months so I decided to try and apply for a student's visa hoping that this will be the bridge for my wife and I to be together.

This sounds like you intend to use the F-1 status to immigrate.

[Elf 146]

on my I-539 application what will be a good reason to tell USCIS for adjusting to a student visa?

My second question is from the application of I-539 "Has an immigrant petition EVER been filed for you or for any other person included in this application?" What will be a sound answer for this part of the application?

The only "sound answer" to any question on a visa application is the truth.

USCIS knows that an immigrant petition has been filed for you. How do you think they would react if your application claimed otherwise? Wilful misrepresentation in a visa application or immigrant petition can earn you a permanent bar from the US.

Does that answer your question?

Edited November 9, 2015 by Elf

[HFM181818 750]

No one ever seems to have the intention to stay in the US....and yet, they do. As for answering the pertinent question truthfully, USCIS will know that a petition has been filed....so lying about it will bring a swift denial to your AOS...the other question to consider is when you will be asked to demonstrate why you will leave the US upon graduation from studying basket weaving....what is the answer to that? 'I have to manage some farm land which is more important than my LPR wife...'...when in fact, as you just stated, the real purpose of this AOS to F1 is NOT to truly study, but to camp out in the US waiting for the priority date....a fact which I doubt you shared with USCIS...

The time has come to tell the truth instead of coming onto this site to seek out other stories or excuses to use to hide the truth....but I doubt anyone will be so kind (or ethically challenged) to offer you any....

Edited November 9, 2015 by HFM181818

[marklk 0]

The only "sound answer" to any question on a visa application is the truth.

USCIS knows that an immigrant petition has been filed for you. How do you think they would react if your application claimed otherwise? Wilful misrepresentation in a visa application or immigrant petition can earn you a permanent bar from the US.

Does that answer your question?

Hi Elf,

thank you for your reply, I fully understand that providing false information especially towards the US government is a BIG mistake. And I don't have any intentions on doing so.

My application for adjusting to a student visa is primarily focused to gain more education while being with my wife. Pursuing quality education that can contribute to the success of my career is my main priority. Being with my wife while pursuing more education is just a incentive for me.

I appreciate your helpful input, and I will make sure to tell every bit of truth on my application.

Thanks again.

[marklk 0]

No one ever seems to have the intention to stay in the US....and yet, they do. As for answering the pertinent question truthfully, USCIS will know that a petition has been filed....so lying about it will bring a swift denial to your AOS...the other question to consider is when you will be asked to demonstrate why you will leave the US upon graduation from studying basket weaving....what is the answer to that? 'I have to manage some farm land which is more important than my LPR wife...'...when in fact, as you just stated, the real purpose of this AOS to F1 is NOT to truly study, but to camp out in the US waiting for the priority date....a fact which I doubt you shared with USCIS...

The time has come to tell the truth instead of coming onto this site to seek out other stories or excuses to use to hide the truth....but I doubt anyone will be so kind (or ethically challenged) to offer you any....

Hi HFM181818,

Thank you for your comment, first of all i haven't filed my I-539 yet, the reason I posted this topic is to get feedback from individuals that are knowledgeable when dealing with the US immigration like yourself.

I also want to clarify that I have ZERO intentions for giving untruthful informations to the US gov't. I know that it will only translate negatively.

You are correct I do have an intention of camping in the US while my priority date is not current, but I also have full intentions with my intellectual growth. Actually this is my main purpose, I have a bachelors degree in my home country but apparently, I learned that having a bachelors degree in foreign countries is not automatically considered a bachelors degree here in the US. So this made me want to apply for a student visa.

regarding your question "when you will be asked to demonstrate why you will leave the US upon graduation from studying" I have not not thought of an answer but I plan on stating just the truth for every question they have for me.

Once again I thank you for the useful feedback, I still am optimistic for my application and hoping everything goes well towards my plan on being with my wife while having a qualified education that I can use for future employment.

[Boiler 45,525]

When you entered on your B2 did you mention that you would be seeking to adjust to F1?

[marklk 0]

When you entered on your B2 did you mention that you would be seeking to adjust to F1?

Hi Boiler,

Thank you for your comment.

No I did not simply because I had no intention on looking into colleges. I went to the US with the purpose to accompany my fiance (now my wife) here in the US and to visit some family and friends. I intended to go back and work in my home country, but since me and my wife deliberated about the direction of our relationship we decided to get married and stay with each other.

She had a plan about filing a petition for me after I go back to my home country but I guess things changes sometimes.. we thought that having a long distance relationship will be unhealthy for us.

[Boiler 45,525]

Sounds like a consultation with a Lawyer would be advisable.

[HFM181818 750]

"but since she is just a permanent resident, my application will take about 2 years before I can apply for a green card, my stay will expire in a few months so I decided to try and apply for a student's visa hoping that this will be the bridge for my wife and I to be together."

"...the bridge for my wife and I to be together"...only upon hearing some other feedback are you now trying to claim 'intellectual growth'......what subject are you planning to 'study?'

I think by now most of us (certainly me, having seen and heard this story countless times) know what the actual reason is for this mind change.....it will fall upon you to be truthful with USCIS about it...

taking general ed courses won't be intellectual stimulation...

and as always, remind yourself periodically that your actions, that is, not having lived up to any statements or promises made when you received your B2 visa nor entered the US, will be tracked and remembered by other COs in Manila, and any thoughts of giving the next person the benefit of the doubt and a visa will vanish...and then we'll read more and more sad tales from some unhappy camper about why the CO wouldn't believe him or her.....

In some of the countries in which I worked, when we received feedback from INS or USCIS about these mind changes, the bar for qualifying for B2 visas rose another 10-20% instantly. Requests for reconsideration hit the trash can, letters from congressmen were answered with mostly boilerplate blah blah and NO decisions were ever changed....which meant 'No' meant 'No!' This included other family members who often tried to 'follow to join' their sibling mind changer...when asked why we didn't believe them, we merely pointed to the one who skipped town.....not surprisingly, that fact brought a halt to most further arguing.

[Boiler 45,525]

The OP has not shared his educational plans, he may be doing his MBA at an elite University. You seem to be implying it is some non course at a Community College?

[HFM181818 750]

If I had to guess, that's exactly what I would guess....we did not hear the name of the 'educational institute' to which he applied and was accepted...getting into a recognizable college would take time and many other requirements; getting into a community college requires mostly a check and a pulse. Since his first stated objective of enrolling somewhere was to bridge the gap between now and a future priority date, and only when quizzed did a new and improved rationale appear, my guess is that he enrolled in community college.

Edited November 9, 2015 by HFM181818

[Cyberfx1024 7,980]

If I had to guess, that's exactly what I would guess....we did not hear the name of the 'educational institute' to which he applied and was accepted...getting into a recognizable college would take time and many other requirements; getting into a community college requires mostly a check and a pulse. Since his first stated objective of enrolling somewhere was to bridge the gap between now and a future priority date, and only when quizzed did a new and improved rationale appear, my guess is that he enrolled in community college.

This is true especially here in California where the UC system has gone out of it's way to encourage and promote international students on top of US citizens. This is because they can charge the international students a higher rate than even an out of state student and they usually pay in cash.

[HFM181818 750]

The Kaplan Institute of 'higher learning' immediately came to mind, as it is an I-20 factory, issuing these to anyone who brings a valid check to their doors...this 'institute' was (likely still is) one of the most common destinations for mind-changing B2 visa holders, often those who married an LPR and were looking for a 'bridge' with which to remain in the US with their new LPR spouse (and sometimes USC spouses).....I think Kaplan had special telephones at airports, installed in the baggage claim area, so newly arriving 'tourists' could call right away (3 seconds after the 10 seconds it took them to change their minds!) and sign up for anything, just to get an I-20.