Adjustment of Status and I130 on OPT Status marriage done abroad

[rohit15 0]

Hi ,

 

I am US citizen via naturalization and I married my wife who is Indian citizen on F1 visa (OPT status) . Our marriage happened in India . And we registered the marriage in India . We returned to US on different dates.

And when returning to the US my wife entered on her F1 visa and she did not declared as getting married to US citizen ? Does this matter ? (she has valid f1 visa )

Before I file for i130 and i485 applications , Should I be registering the marriage in the US as well or get married again in the US ?  

Does registering the marriage in US process the application faster ?

Once the application is filed how long does it take to get the EAD ?

 

Any advise or help is appreciated.

 

Thanks,

Rohit

 

 

[Coco8 1,042]

I'm not sure what you have to do in this case. Was she asked what was she coming to the US for or something like that? I know it is study, but you both came with the intention to AOS and that is considered fraud. The issue is that she did not say that when she got in.  

 

I am also thinking that you both went to India to marry because she is almost done with OPT. You guys wanted to stay together and AOS in the US. This could be a sign of fraud. You should have done a court marriage in the US, AOS, and then travel to India on AP 4 months later and do a wedding over there. You could have asked questions on the site and save yourself some problems. 

 

How long does she have on OPT? Maybe someone will mention something here, but I would go the safer route which is to apply for a spousal visa. That takes 12-14 months. She can stay on OPT while that is being processed. The visa is processed at USCIS (the longest part of the process) and at the end it would be sent to the consulate in India. So in

 a year or so she would go to India for her medical exam and interview and visa stamp, she would come to the US, and she would get her green card. 

 

 

 

 

 

 

 

 

 

Edited August 8, 2017 by Coco8

[cyanmavi 101]

Was she specifically asked about her purpose of visit to India? Did she lie at all during the process of entering US (not just omit information but answer any question in a not truthful manner)?

If she did not, then all is ok and you can apply for AOS. Her intent is established at the border and she might receive more scrutiny due to the circumstances but they cannot deny her AOS since she is married to a US citizen.

US recognizes marriages in India so no need to register the marriage or get married again here. You do need a marriage certificate from India.

Currently EAD takes around 120 days. I filed in April, it's been 106 days and still waiting.

 

[azblk 338]

3 hours ago, Coco8 said:

I'm not sure what you have to do in this case. Was she asked what was she coming to the US for or something like that? I know it is study, but you both came with the intention to AOS and that is considered fraud. The issue is that she did not say that when she got in.  

 

I am also thinking that you both went to India to marry because she is almost done with OPT. You guys wanted to stay together and AOS in the US. This could be a sign of fraud. You should have done a court marriage in the US, AOS, and then travel to India on AP 4 months later and do a wedding over there. You could have asked questions on the site and save yourself some problems. 

 

How long does she have on OPT? Maybe someone will mention something here, but I would go the safer route which is to apply for a spousal visa. That takes 12-14 months. She can stay on OPT while that is being processed. The visa is processed at USCIS (the longest part of the process) and at the end it would be sent to the consulate in India. So in

 a year or so she would go to India for her medical exam and interview and visa stamp, she would come to the US, and she would get her green card. 

 

 

 

 

 

 

 

 

 

Marrying a US citizen is NOT showing immigrant intent or intent to AOS. Intent is determined at the POE and is not an issue unless asked and she lied.

[Coco8 1,042]

27 minutes ago, azblk said:

 Intent is determined at the POE and is not an issue unless asked and she lied.

That is what I asked about in the first place: What was she asked about when she came into the US.

 

Plus, as I said, they just married and she is almost done with OPT. The timing is already giving away they intended to AOS all the time, which makes what she was asked about at POE the more important.

 

 

Edited August 9, 2017 by Coco8

[azblk 338]

25 minutes ago, Coco8 said:

That is what I asked about in the first place: What was she asked about when she came into the US.

 

Plus, as I said, they just married and she is almost done with OPT. The timing is already giving away they intended to AOS all the time, which makes what she was asked about at POE the more important.

 

 

 

[rohit15 0]

She has her OPT till mid of next year . And No she was not asked about her intent of trip to India . ( She has been in US since 2013 and we met here and decided to get married in India.)

We do have a marriage certificate from India.

[cyanmavi 101]

Follow the form instructions closely, send plenty of bona fide marriage evidence, be prepared to answer questions about why you decided to have a wedding in India etc., and you will be fine.

You should file all the forms with her new name if she wishes to change her name to yours. She will receive her EAD in 90-120 days.

Good luck!