Terminated Sevis and marriage to a USC

[Timi39 0]

Hello,

I am inquiring some information for my sister situation. On Sept 3rd she arrive at New York JFK POE. Got her I-94 and passport stamped DS which began August 2015, but she did not go to the school which her Sevis record was attached to, she applied right away to another school for the spring semester 2016 took several and repeated placement test at the new school between Sept, Oct and Nov. Was admitted to the new school registered for spring classes before the end of November and even paid the first installment of the tuition fee before the due date, However the new school requested for her to inform the former school that to transfer her sevis record only to find out that her record has been terminated October 31st for a NO SHOW. The new school on December states they cannot do reinstatement for her and the DSO from the former school also says they cannot pursue a reinstatement as they cannot prove that she will attend their school.

Now, she met her current fiance within 2 months that she arrived and they are in love and planning to get married at the end of december and he wants her to adjust status. What are her chances and is this a route she should pursue or she should return to her home country while the husband pursue a CR1 instead? What options and choices does she have if she decided to stay while the paperwork goes on here or leave?

Thanks in advance for all your inputs and comments

[Boiler 45,519]

Did she ever have any intention of going to the first school?

[dwheels76 5,468]

**Duplicate threads deleted. Only post once please and allow others to respond. Thank you. **

[Timi39 0]

Yes she does. She choose the other school cause it's more affordable and closer to family and also able to enroll in her preferred program which is RN.

[Boiler 45,519]

Why did she not apply for that one in the first place?

[Timi39 0]

Acceptance is very competitive from outside the US that is why.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Boiler 45,519]

Time to Lawyer up.

[doshi8000 19]

she is hanging on all claws

[dwheels76 5,468]

Yes she does. She choose the other school cause it's more affordable and closer to family and also able to enroll in her preferred program which is RN.

So the school that got her the student visa what was her course of study she applied for?

Are you saying she lied to get a student visa than when she got here she went after what she truly wanted?

Just asking but as a adjudicator at immigration you really expect them to believe this wahala and believe she just came here and during all this rubbish she BAM fell in love and now wants to marry and adjust status all in a span of 2 months? That's alot of talking and planning. REALLY??

[Timi39 0]

Boiler will the situation be different if she has no intention of going to the first school.

Dwheel she got a bachelor degree in food Science technology, the school she applied for to gave her what she applied for MSC in Agriculture but she really wanted to be a dietician or a RN nurse. She applied to the new school and took several placement test and was accepted. Yes she went after what she truly wanted. But one question is there a time line to falling in love and getting married? Or is it advisable they hold off on the wedding to accumulate some months before getting married for a longer span? I think we fall in lover when we do and time should not be a factor of how long we've known each other.

Edited December 15, 2015 by Timi39

[almost_umrican 54]

To USCIS, Most of the immigrants are suspicious especially from high fraud countries(Why would not they be ? people come to this country everyday by fraudulent means) but their process is fair. This is not very uncommon what you mentioned in this case. i would suggest you to go ahead with the route you/she is taking. she will sail through. there is nothing wrong with what she is doing and (call it a loop hole) but yeah she is still playing by the book. good luck.

P.S - It is my belief that lawyers are overrated in this country.

[Timi39 0]

Thank you almost_umerican. Your reply is encouraging and hopeful.

[IcezMan_IcezLady 582]

Your timing raises all kinds of flags. SO your sister got the visa for one school and accepted the MSC Agriculture even though she knew she wanted an RN degree?

Dang.. A lawyer might be able to help.

[Timi39 0]

Thanks Ayisi and Phyllis