F-1 AOS to Marriage GC Medical Exam Question

[american10876 1]

Throwaway account, active member of the forum and visa journey.

I am USC, spouse is on F-1, married back in May. Spouse got Medical exam done before marriage occurred in-case we want to stay living in the US. Spouse needs to leave the country this week for short trip home. We will file AOS within a month of her returning to the US if we decide we want to stay in US, we have not finalized our decision yet! Understand that 90 day rule is not a thing, as there is a USCIS article removing any reference of it, along with the countless confirmations on visa journey.

My one and only specific question is.... Does having a medical exam dated before the marriage and the last entry into the US cause an issue? Or if she makes it back in with no issues, are we free to proceed with AOS as intent can only be determined at POE by CBP.

OR should we play it safe and get a updated medical post recent entry ?

Any comments or thoughts appreciated.

[Mike E 11,742]

9 minutes ago, american10876 said:

We will file AOS within a month of her returning to the US

Will she tell the CBP officer that she intends to file I-485?

[Boiler 45,898]

F1 is a non immigrant visa

[american10876 1]

She will present her F-1 to CPB as that is her primary reason for returning to the US. 

 

If and if we do decide to file AOS within the next couple months, will USCIS have an issue with the medical exam being dated pre most recent entry on the i-94, that is my main questions. 

 

[american10876 1]

Just now, Boiler said:

F1 is a non immigrant visa

Understood, as of the day of her entry, studying is still her reason for being in the US. 

 

Does getting a medical exam violate that F-1 status, or would we have had to already file that to violate the F-1? 

[Boiler 45,898]

If she wants to adjust file now and travel on AP

[Mike E 11,742]

1 minute ago, american10876 said:

She will present her F-1 to CPB as that is her primary reason for returning to the US. 

Her authorized stay for F-1 is measured in years.

 

Her authorized stay for I-485 is conceivably until death.

 

So will she misrepresent herself at the port or tell the truth? 

[american10876 1]

Just now, Boiler said:

If she wants to adjust file now and travel on AP

Thanks for the quick responses. We understand that once we file she can't travel until AP is received. 

 

Do you think having the medical dated before the last entry on F-1 will cause an issue in USCIS eyes, or as long as she clear CBP she is fine. 

[Mike E 11,742]

4 minutes ago, american10876 said:

Understood, as of the day of her entry, studying is still her reason for being in the US. 

 

Does getting a medical exam violate that F-1 status, or would we have had to already file that to violate the F-1? 

She has certainly declared immigration intent by seeking an I-693. Seems like a pretty clear cut case to deny her I-485 if she got the medical before she left the U.S.  

 

Or CBP goes through her phone and finds evidence of the I-693 in progress. F-1 visa gone. Lifetime ban for misrepresentation.

Edited July 28, 2023 by Mike E

[american10876 1]

1 minute ago, Mike E said:

Her authorized stay for F-1 is measured in years.

 

Her authorized stay for I-485 is conceivably until death.

 

So will she misrepresent herself at the port or tell the truth? 

So you are suggesting to voluntarily tell the CPB officer that we may down the line file for AOS, that seems unnecessary. 

 

If the officer asks the question specifically, I understand that is a diffrent story and you can not withhold information. 

 

My main question is if she changes her mind after entry to file, is the medical exam being dated beforehand an issue. 

[Boiler 45,898]

A lot of ifs and maybe

 

Why not sit down and have a serious chat and decide what you want to do?

[american10876 1]

1 minute ago, Mike E said:

She has certainly declared immigration intent by seeking an I-693. Seems like a pretty clear cut case to deny her I-485 if she got the medical before she left the U.S.  

So you would suggested getting a new medical exam with a updated date?

[Mike E 11,742]

1 minute ago, american10876 said:

So you are suggesting to voluntarily tell the CPB officer that we may down the line file for AOS, that seems unnecessary.

I would never suggest lying to a federal officer, especially a federal law enforcement officer.

 

1 minute ago, american10876 said:

 

 

 

If the officer asks the question specifically, I understand that is a diffrent story and you can not withhold information. 

 

Then let us hope for her sake the officer asks her if she intends to adjust or at least asks her how long she plans to stay, and she answers truthfully. 

[Crazy Cat 42,032]

12 minutes ago, american10876 said:

She will present her F-1 to CPB as that is her primary reason for returning to the US. 

 

If and if we do decide to file AOS within the next couple months, will USCIS have an issue with the medical exam being dated pre most recent entry on the i-94, that is my main questions. 

 

Entering the US via an F-1 visa with the intent to stay and adjust status is the problem.  That can be seen as illegal misrepresentation.  

Edited July 28, 2023 by Crazy Cat

[OldUser 7,231]

8 minutes ago, american10876 said:

So you would suggested getting a new medical exam with a updated date?

Not sure what other would suggest, I'd adjust NOW, before any travel to avoid misrepresentation issue. Now you guys have the intent of her adjusting, so leaving and re-entering on F-1, especially if already married, can lead to undesirable consequences.

She may be questioned by CBP and denied entry any time. What happens then?

Edited July 28, 2023 by OldUser