Entered on F1 after marriage to US citizen.. Did I unintentionally commit fraud ?

[strangefella 1]

Hi everyone, 

 

I am a student on F1 visa who will be graduating in August this year. Late last year I got married (yet to submit the marriage license & get the marriage certificate) and my wife is a US citizen. I want to apply for adjustment of status (EAD card & advanced parole as well) before my graduation. My concern is that I traveled to my country with my wife after the wedding and entered the USA on F1 visa. I am maintaining my full course load as of now. 

 

Here is the timeline of the relationship.

 

2010 June  - I come to US to pursue a Master's on F1. 

2012 April  - We meet. 

2012 Dec- We move in together. 

2013 July- I finish my Master's & start my PhD . 

2015 Dec - I travel to my country, I get another F1 visa as the previous one expired.

 

2017 Oct - We got married (in USA). 

2017 Dec - We travel to my country, she meets my parents, we have a traditional engagement ceremony, she flies back to US while I stay there for a few more weeks.

2018 Jan - I travel back to USA, I reenter the USA back on the existing F1 visa. 

 

Only a handful of people (6 or so) know about our wedding. None of our relatives know about it. We are going through a wedding ceremony (on the same day of our actual wedding last year) this year. We decided to do it exactly a year before to avoid family drama. 

 

I had spoken with a school official regarding this situation and he had not mentioned that traveling back to US on F1 after getting married might be an issue. I wish I had done more research & consulted a lawyer prior to departure, but it is too late now. Earlier I was considering filing the papers for myself, but now it seems like I should hire a lawyer. 

 

I am aghast that I might have committed a huge huge mistake by not applying for AOS right after the wedding. What can/should I do now other than hiring a lawyer to file the paperwork ? And when exactly should I file the paperwork (30/60/90... days) ?  

 

Thanks in advance! 

[KazuriSana 324]

Any lawyer worth his/her weight in soil will tell you all sorts of troubles you are in -- to scare you to hire them, and they will milk you dry. The USCIS paperwork is so simple, and well-explained in instructions, an upper-level middle school student could breeze through them with ease.

 

Fill and file the AOS paperwork yourself! You do not appear to be very uneducated, my friend! And I do not see anything you have said above that would adversely affect your AOS.

[azblk 338]

31 minutes ago, strangefella said:

Hi everyone, 

 

I am a student on F1 visa who will be graduating in August this year. Late last year I got married (yet to submit the marriage license & get the marriage certificate) and my wife is a US citizen. I want to apply for adjustment of status (EAD card & advanced parole as well) before my graduation. My concern is that I traveled to my country with my wife after the wedding and entered the USA on F1 visa. I am maintaining my full course load as of now. 

 

Here is the timeline of the relationship.

 

2010 June  - I come to US to pursue a Master's on F1. 

2012 April  - We meet. 

2012 Dec- We move in together. 

2013 July- I finish my Master's & start my PhD . 

2015 Dec - I travel to my country, I get another F1 visa as the previous one expired.

 

2017 Oct - We got married (in USA). 

2017 Dec - We travel to my country, she meets my parents, we have a traditional engagement ceremony, she flies back to US while I stay there for a few more weeks.

2018 Jan - I travel back to USA, I reenter the USA back on the existing F1 visa. 

 

Only a handful of people (6 or so) know about our wedding. None of our relatives know about it. We are going through a wedding ceremony (on the same day of our actual wedding last year) this year. We decided to do it exactly a year before to avoid family drama. 

 

I had spoken with a school official regarding this situation and he had not mentioned that traveling back to US on F1 after getting married might be an issue. I wish I had done more research & consulted a lawyer prior to departure, but it is too late now. Earlier I was considering filing the papers for myself, but now it seems like I should hire a lawyer. 

 

I am aghast that I might have committed a huge huge mistake by not applying for AOS right after the wedding. What can/should I do now other than hiring a lawyer to file the paperwork ? And when exactly should I file the paperwork (30/60/90... days) ?  

 

Thanks in advance! 

You have done NOTHING wrong and broken no laws. You can apply for AOS whenever you want. Unless you want to pay someone thousands of dollars to enter data provided by you into some forms and then mail them to the USCIS, you should do it your self.

[Coco8 1,042]

File whenever you want. You have not committed fraud.

[strangefella 1]

1 hour ago, Coco8 said:

File whenever you want. You have not committed fraud.

Do you think it might be a good idea to wait a bit before filing ? I entered US only a week back. Or is waiting just a waste of time ?

 

2 hours ago, azblk said:

You have done NOTHING wrong and broken no laws. You can apply for AOS whenever you want. Unless you want to pay someone thousands of dollars to enter data provided by you into some forms and then mail them to the USCIS, you should do it your self.

Thanks. I was really worried. I will prepare them myself. 

 

2 hours ago, BlessedAssurance said:

Any lawyer worth his/her weight in soil will tell you all sorts of troubles you are in -- to scare you to hire them, and they will milk you dry. The USCIS paperwork is so simple, and well-explained in instructions, an upper-level middle school student could breeze through them with ease.

 

Fill and file the AOS paperwork yourself! You do not appear to be very uneducated, my friend! And I do not see anything you have said above that would adversely affect your AOS.

Thanks buddy. Your message was very comforting. I will fill out the forms myself. 

[Coco8 1,042]

2 hours ago, strangefella said:

Do you think it might be a good idea to wait a bit before filing ? I entered US only a week back. Or is waiting just a waste of time ?

I would just wait because putting together all the material is going to take you a while. You also need evidence of bona fide marriage (joint accounts, utilities, etc.). Do not rush it.

 

That said, you should file March at the latest, so that you get your work authorization by August (your graduation). It has been taking 5 months. Of course, you could also use your OPT from the F1, but it makes more sense to apply for just one of them and not waste time and money applying for both of work authorizations.

 

[Ashley Scott 180]

20 hours ago, strangefella said:

Hi everyone, 

 

I am a student on F1 visa who will be graduating in August this year. Late last year I got married (yet to submit the marriage license & get the marriage certificate) and my wife is a US citizen. I want to apply for adjustment of status (EAD card & advanced parole as well) before my graduation. My concern is that I traveled to my country with my wife after the wedding and entered the USA on F1 visa. I am maintaining my full course load as of now. 

 

Here is the timeline of the relationship.

 

2010 June  - I come to US to pursue a Master's on F1. 

2012 April  - We meet. 

2012 Dec- We move in together. 

2013 July- I finish my Master's & start my PhD . 

2015 Dec - I travel to my country, I get another F1 visa as the previous one expired.

 

2017 Oct - We got married (in USA). 

2017 Dec - We travel to my country, she meets my parents, we have a traditional engagement ceremony, she flies back to US while I stay there for a few more weeks.

2018 Jan - I travel back to USA, I reenter the USA back on the existing F1 visa. 

 

Only a handful of people (6 or so) know about our wedding. None of our relatives know about it. We are going through a wedding ceremony (on the same day of our actual wedding last year) this year. We decided to do it exactly a year before to avoid family drama. 

 

I had spoken with a school official regarding this situation and he had not mentioned that traveling back to US on F1 after getting married might be an issue. I wish I had done more research & consulted a lawyer prior to departure, but it is too late now. Earlier I was considering filing the papers for myself, but now it seems like I should hire a lawyer. 

 

I am aghast that I might have committed a huge huge mistake by not applying for AOS right after the wedding. What can/should I do now other than hiring a lawyer to file the paperwork ? And when exactly should I file the paperwork (30/60/90... days) ?  

 

Thanks in advance! 

The only thing I see as a concern is you stated that you have not submitted the marriage license or obtained the marriage certificate.  Start with doing this as the marriage license will be needed to file AOS.  Congrats on your marriage and good luck on your AOS.  

[MiraW 58]

Your situation is similar to mine, and everything worked out for me. Don't worry, you'll be fine.

[sweetadams 138]

On 1/25/2018 at 3:34 PM, strangefella said:

Hi everyone, 

 

I am a student on F1 visa who will be graduating in August this year. Late last year I got married (yet to submit the marriage license & get the marriage certificate) and my wife is a US citizen. I want to apply for adjustment of status (EAD card & advanced parole as well) before my graduation. My concern is that I traveled to my country with my wife after the wedding and entered the USA on F1 visa. I am maintaining my full course load as of now. 

 

Here is the timeline of the relationship.

 

2010 June  - I come to US to pursue a Master's on F1. 

2012 April  - We meet. 

2012 Dec- We move in together. 

2013 July- I finish my Master's & start my PhD . 

2015 Dec - I travel to my country, I get another F1 visa as the previous one expired.

 

2017 Oct - We got married (in USA). 

2017 Dec - We travel to my country, she meets my parents, we have a traditional engagement ceremony, she flies back to US while I stay there for a few more weeks.

2018 Jan - I travel back to USA, I reenter the USA back on the existing F1 visa. 

 

Only a handful of people (6 or so) know about our wedding. None of our relatives know about it. We are going through a wedding ceremony (on the same day of our actual wedding last year) this year. We decided to do it exactly a year before to avoid family drama. 

 

I had spoken with a school official regarding this situation and he had not mentioned that traveling back to US on F1 after getting married might be an issue. I wish I had done more research & consulted a lawyer prior to departure, but it is too late now. Earlier I was considering filing the papers for myself, but now it seems like I should hire a lawyer. 

 

I am aghast that I might have committed a huge huge mistake by not applying for AOS right after the wedding. What can/should I do now other than hiring a lawyer to file the paperwork ? And when exactly should I file the paperwork (30/60/90... days) ?  

 

Thanks in advance! 

I believe all the expert have spoken....my own two cents....YOU are good to file your AOS anytime you want. You also don't need a glorify "Proof Reader and Data Entry" Lawyer. Your case is straightforward and simple. Good luck. There are samples of Already Filled out form for the AOS here on VJ Guide..( just remember to change the names lol) and also download current version of the forms from USCIS websites only. If you get stuck....just post a questions here and the family of experienced VJ members are here to help you free of charge....