USC married F-1 Student and applied for AOS

[dana19 0]

Hi All,

The beneficiary (now my wife) came to the US on F1 Visa on 2nd/Aug/2011 and we got married on a whim on 8th/Aug/2011. And we filed I-130, I-485 and EAD on 22nd/sep/2011. Her EAD is approved and PR Interview took place on 3rd/Jan/2012. The Interviewer was convinced that our Marriage was a bona fide as we showed him joint bank accounts and health insurance. But the IO was very concerned with the fact that we got married within one week of her entry into the US with a non-immigrant visa. Our explanation was that we knew each other for a long time as our parents were family friends, and just few months before she came to the US I happen to go to India and proposed her. Initially we had no plans of marriage as I was pursuing my PhD and she was starting her Masters, But after she moved here I was helping her adjust here, by giving her rides everywhere and she was staying in our house with my parents and me. But in our culture it is not viewed good to stay with a guy before marriage, and our parents were concerned about this. So that is one of the reasons we got married so soon. As luck would have it I am in a position to finish my PhD in 8 months (I started my PhD program in 2009 and was expected to graduate in 2014) as my PhD research has progressed so much since I last visited India and I got a nice raise from my work in July 2011 and I was in a good financial position to support her and that also helped me make my choice to marry her soon after she came here.

But the IO was accusing my wife that she has committed a visa fraud by concealing the fact that she came to the US to marry me. He asked her whether the IO in India, during the visa interview, asked her about engagement etc, she told that they just asked about her GRE and TOEFL scores, I-20 and family funds.

We told that the only reason she applied for F1 Visa was to pursue Masters and she is doing that. If she had the pre-intention of marrying me then she wouldn't be studying now and instead would have dropped from her masters program and started working. She finished one semester and enrolled for the next semester too. He asked her student ID and took down the number.

The IO took her I-94, and said that he would get the notes from the visa interview in India and investigate her F1 Visa Interview and let us know his decision.

He took down her EAD and SSN numbers and gave them back saying that as the decision is pending, she can keep those documents.

He asked her whether she is working and she said no. She has no intentions of working until the summer (part-time job that is).

The whole interview was a shock to both of us. We never thought we were committing a mistake by marrying so soon. We married with a good faith, and my wife wanted to pursue Masters and applied for colleges way before (8 months before she came here) any personal decision of engagement was made. But the IO was not listening to whatever we were saying.

Now we are worried/concerned about what will happen if her I-485 is denied? Will they initiate removal processing with the denial? She does not want to stop her studies. What options do we have if her I-485 is denied? Is it a good Idea to withdraw her application now, wait until she finishes her studies and goes back to India, and then I apply for spouse visa for her. Will they ask the same question 'why did we get married soon after her first entry?' if she again applies for I-485 after coming to US with immigrant Visa in the future?

Thank You,

Sam.

[Ryan H 3,818]

Now we are worried/concerned about what will happen if her I-485 is denied? Will they initiate removal processing with the denial? She does not want to stop her studies. What options do we have if her I-485 is denied? Is it a good Idea to withdraw her application now, wait until she finishes her studies and goes back to India,

It appears USCIS suspects fraud and they it appears they are going to check the interview notes from the visa interview in India and at the POE. What they will be looking for is Material Misrepresentation (i.e. an untruthful answer by your wife at any point). As long as your wife answered all questions truthfully, then there is nothing to fear in regards to Material Misrepresentation. Were you both subjected to a Stokes interview (this is where you are both interviewed separately and questions of a very personal nature are asked)? If not, then it's possible you both could be subjected to one if USCIS still suspects fraud but found no Material Misrepresentation.

Withdrawing the application to adjust status is a BAD idea, don't do it. It appears that you truly did get married on whim, and thus did not commit any kind of fraud.

and then I apply for spouse visa for her. Will they ask the same question 'why did we get married soon after her first entry?' if she again applies for I-485 after coming to US with immigrant Visa in the future?

Firstly, see the suggestion I gave above, do not withdraw the AOS application. However, as an FYI, if your wife were to return India after her studies were complete, you would not be applying for a spousal visa, you would be filing a petition, if/when that petition is approved, your wife would then be able to apply for a spousal visa. Also, immigrant visa holders (includes spousal visas) are given a green card on arrival at the POE, applying for Adjustment of Status (I-485) is not required or even necessary.

Edited January 7, 2012 by Ryan H

[dana19 0]

Thanks for the reply Ryan...

[rok 3]

I think IO has valid reasons to raise doubt but am sure has no evidence to prove anything. People outside India are not aware how marriages are done in India. You better have to explain in writing (May be an affidavit from father in law)to the IO that her coming to US was just for academic purposes and nothing to do with marriage. That you soon got married was just usual thing in India and is just coincidence and can be considered a rare case while understanding the Indian culture.

And, just chill nothing bad will happen. Believe in god.

[ceadsearc 516]

Intent alone isn't used to deny green cards if there are no other issues. Where an issue may come up is if she was questioned about her intentions upon entry and lied - that is a set-up for material misrepresentation. If that was not the case you will probably be fine.