AOS After I-20 Visa

[canadiangirl145 3]

What are options for AOS after being on a I-20 student visa? If you have been in your degree program almost 1-year and married to an american before starting the degree program. We are past the 90-day from entrance-current point in program. Planning to OPT after degree program ends. 

Thank you for any insight. 

[Boiler 45,412]

Have you read the VJ guide?

 

90 days is for K1 not F1 and you are married.

 

https://www.youtube.com/@90dayfiance

 

Edited April 9, 2023 by Boiler

[SteveInBostonI130 3,416]

There was a poster recently whose AOS was denied because they knew their husband before getting their student visa.

 

You may face some issues.  Or it may be routine.  

[Mike E 11,739]

31 minutes ago, canadiangirl145 said:

What are options for AOS after being on a I-20 student visa? If you have been in your degree program almost 1-year and married to an american before starting the degree program. We are past the 90-day from entrance-current point in program. Planning to OPT after degree program ends. 

Thank you for any insight. 

Did you know this American before you applied for an I-20?

 

Edit: see 

 

Edited April 9, 2023 by Mike E

[Boiler 45,412]

The only problem I can think of is if you forgot to mention you were married when applying for a Student Visa, having said that I do not know exactly what the process is for Canadians.

[Mike E 11,739]

4 minutes ago, Boiler said:

The only problem I can think of is if you forgot to mention you were married when applying for a Student Visa,

IME no visa and instead  cursory q and a by the U.S. immigration officer at the pre-clearance airport

 

”I am entering as an I-20 student”

 

Quote

having said that I do not know exactly what the process is for Canadians.

The problem is that it is difficult to rebut an accusation of immigration intent given the history

Edited April 10, 2023 by Mike E

[canadiangirl145 3]

30 minutes ago, Boiler said:

Have you read the VJ guide?

 

90 days is for K1 not F1 and you are married.

 

https://www.youtube.com/@90dayfiance

 

It’s been awhile since I read the VJ guide- we did a free consultation with the lawyer who told us about the AOS being a possibility since we were over the 90 days it could not pose issues. But it seemed suspicious to me and a few others I spoke to. 

[Boiler 45,412]

1 minute ago, Mike E said:

The problem is that it is difficult to rebut an accusation of immigration intent given the history

Well the onus is on them and the worst possible case would be a waiver and not sure I have seen that. They would have to show Misrepresentation.

Just now, canadiangirl145 said:

It’s been awhile since I read the VJ guide- we did a free consultation with the lawyer who told us about the AOS being a possibility since we were over the 90 days it could not pose issues. But it seemed suspicious to me and a few others I spoke to. 

Lawyer and mention of 90 days suggests they do not know what they are doing.

[canadiangirl145 3]

3 minutes ago, Mike E said:

IME no visa and instead  cursory q and a by the U.S. immigration officer at the pre-clearance airport

 

”I am entering as an I-20 student”

 

The problem is that it is difficult to rebut an accusation of immigration intent given the history

Yes sir - I did know my spouse prior to starting my degree program. However, still have ties to Canada. Paying rent, lease, car, all items stored. 
 

intending to go home after degree ends. 
 

just commented below that we did a free consultation with the lawyer who told us about the AOS being a possibility since we were over the 90 days it could not pose issues. But it seemed suspicious to me and a few others I spoke to lol 

 

I don’t wanna any repercussions. So likely still will return home. Just looking into others stories/scenarios for some guidance. 

[Mike E 11,739]

I have seen at least one case posted on VJ where it went all the way to N-400 before the immigration journey ended.

 

 

[Boiler 45,412]

1 minute ago, canadiangirl145 said:

Yes sir - I did know my spouse prior to starting my degree program. However, still have ties to Canada. Paying rent, lease, car, all items stored. 
 

intending to go home after degree ends. 
 

just commented below that we did a free consultation with the lawyer who told us about the AOS being a possibility since we were over the 90 days it could not pose issues. But it seemed suspicious to me and a few others I spoke to lol 

 

I don’t wanna any repercussions. So likely still will return home. Just looking into others stories/scenarios for some guidance. 

What 90 days?, I have seen no end of Students adjusting, I am not saying it is the most popular route to stay but must be up there.

[canadiangirl145 3]

4 minutes ago, Boiler said:

Well the onus is on them and the worst possible case would be a waiver and not sure I have seen that. They would have to show Misrepresentation.

Lawyer and mention of 90 days suggests they do not know what they are doing.

Sounds about right 😂 was told from a few others to definitely seek different lawyers for consultations 

[canadiangirl145 3]

3 minutes ago, Mike E said:

I have seen at least one case posted on VJ where it went all the way to N-400 before the immigration journey ended.

 

 

American Immigration stuff makes my head spin, I don’t even know what this means 😂😮‍💨

[Mike E 11,739]

13 minutes ago, canadiangirl145 said:

Yes sir - I did know my spouse prior to starting my degree program. However, still have ties to Canada. Paying rent, lease, car, all items stored. 
 

intending to go home after degree ends.

Yes that was what you said in a previous thread. But now you are considering I-485. 
 

13 minutes ago, canadiangirl145 said:

  

 

I don’t wanna any repercussions. So likely still will return home. Just looking into others stories/scenarios for some guidance. 

That is likely best. But if the purpose of I-20 was to further your relationship with your future spouse, that too can be a problem. 

 

9 minutes ago, canadiangirl145 said:

American Immigration stuff makes my head spin, I don’t even know what this means 😂😮‍💨

 

[Mike E 11,739]

17 minutes ago, Boiler said:

What 90 days?, I have seen no end of Students adjusting, I am not saying it is the most popular route to stay but must be up there.

There are still lawyers and COs who think waiting 90 days cures immigration intent  when entering on a nonimmigrant visa.