Marriage to US Citizen

[samboi]

hello,

I am currently on F-1 visa expiring August 20th and I have my OPT starting on August 18th 2008. I am planning to get married to my US Citizen girlfriend of 2 years After I graduate in August. Although the exact date of the wedding has not been decided, I want to learn more about how to get my GC processing done or AOS from student visa F-1 to an immigrant status. Can someone please enlighten me on the process? I tried searching through the forum but got confused with all the jargon and terms.

Thanks in advance

Oh yes I plan on talking to an immigration attorney too in the future...but I greatly value your advice. Tks

[txh1b]

Once you get married, you are eligible to adjust status. File for your family based GC petition, EAD, 485. You will no longer be on F1 status once that happens and will be a parolee. You will get temporary GC in 6-12 months and restrictions will be removed after 2 years of being in the marriage.

[Atlanta_Brother]

hello,

I am currently on F-1 visa expiring August 20th and I have my OPT starting on August 18th 2008. I am planning to get married to my US Citizen girlfriend of 2 years After I graduate in August. Although the exact date of the wedding has not been decided, I want to learn more about how to get my GC processing done or AOS from student visa F-1 to an immigrant status. Can someone please enlighten me on the process? I tried searching through the forum but got confused with all the jargon and terms.

Thanks in advance

Oh yes I plan on talking to an immigration attorney too in the future...but I greatly value your advice. Tks

If your future wife applies for your GC right away....I mean right after you 2 get married. This could raise some flags and USCIS could go deeper at the time of the interview if the intent of your marriage was to get a GC or if it was a genuine case. I would suggest that you 2 get engaged in a formal way now. This way you can buy some extra time to prove that you've known your future wife for few months before you guys tie the knots.

[Triple Citizen]

It seems the OP has known the US citizen GF for 2 years. As long as the OP is not a fresh F-1 student to the US, he should be fine as far as intent is concerned.


If your future wife applies for your GC right away....I mean right after you 2 get married. This could raise some flags and USCIS could go deeper at the time of the interview if the intent of your marriage was to get a GC or if it was a genuine case. I would suggest that you 2 get engaged in a formal way now. This way you can buy some extra time to prove that you've known your future wife for few months before you guys tie the knots.

[txh1b]

It seems the OP has known the US citizen GF for 2 years. As long as the OP is not a fresh F-1 student to the US, he should be fine as far as intent is concerned.

F1 students should overcome the burden of immigrant intent everytime they enter US at the POE. So, to add as long as it has been more than 90 days since you last entered US on F1 visa, I think OP should be fine. Correct me if I am wrong.

[Triple Citizen]

You are correct.

F1 students should overcome the burden of immigrant intent everytime they enter US at the POE. So, to add as long as it has been more than 90 days since you last entered US on F1 visa, I think OP should be fine. Correct me if I am wrong.

[BMORE HOPEFUL]

You are correct.

Triple citizen, I am in the process of doing my AOS right now- however- i travelled overseas at christmas time but then got married on valentines day!
Is this going to be a problem according to what you guys just discussed....??:eek:

[Triple Citizen]

What was your US status when you left in December?
What status did you re-enter the US with?
How long have you known your spouse?
Were you both engaged when you returned from your december trip?

Triple citizen, I am in the process of doing my AOS right now- however- i travelled overseas at christmas time but then got married on valentines day!
Is this going to be a problem according to what you guys just discussed.

[BMORE HOPEFUL]

What was your US status when you left in December?
F1 OPT- i travel evry year as my stamps would show.
What status did you re-enter the US with?
same.
How long have you known your spouse?
1 year
Were you both engaged when you returned from your december trip?
yes


oh no! now i am scared!! is this 30-90 rule set in stone?? i have never been out of status or anything of the sort.

[txh1b]

The 30-90 day rule is not a set in stone rule but a good to have rule to prove that you did not have "intent" to immigrate when you entered on a non-immigrant visa like F1/B1 and the likes.

Once the 90 days pass, the intent can change magically as per USCIS :-)

I don't think you are all messed up but need to prove that somehow if RFE comes through.

[Triple Citizen]

No need to panic, it is not all doom and gloom for you. This 30-60-90 rule does not even exist as far as USCIS is concerned. What were you asked at the POE when you last entered? Since your I-485 is already in the works, no point fretting over it. Just be prepared to answer questions at your AOS interview. The adjudicating officer may ask you about when you decided to get married and who picked the date, etc. You have known your spouse for over 1 year. In this 1 year, was this your only trip out of the US?


oh no! now i am scared!! is this 30-90 rule set in stone??

[BMORE HOPEFUL]

txhb1 and Triple citzen thanks!

yes- i travelled both in november and again in december into january.
In my 4-5 years of being F1 i have always returned home twice a year :).
Maybe it would help in the interview to present emails from my employers dated from last year - they show us getting everything prepared for my H1 B filing (which we are no longer doing since i decided to do my own AOS)...i think i even have a copy of that labor document- where my job description and salary etc are documented to be hung in the office for 10 days per H1B rules.
I was lucky to graduate and accept an offer where they wanted to keep me!
Could they send me an RFE for this information from now?

[gautash]

Hello Triple Citizen,

You mentioned that he 30-60-90 day rule does NOT even exist as per the USCIS. Where does this rule come from? How strictly do the IOs adhere to this?

[Triple Citizen]

If USCIS wants to ponder over this, it will be at your AOS interview.


Could they send me an RFE for this information from now?

[txh1b]

Hello Triple Citizen,

You mentioned that he 30-60-90 day rule does NOT even exist as per the USCIS. Where does this rule come from? How strictly do the IOs adhere to this?

It is a requirement that USCIS and lawyers have been following to overcome the immigrant intent for a long time.

[BMORE HOPEFUL]

If USCIS wants to ponder over this, it will be at your AOS interview.

ok- well i shall keep that in mind.

[Triple Citizen]

It is a product of observing USCIS behaviour when dealing with AOS applicants who entered on non-immigrant visas (sans K visas) and then applied for AOS.

Where does this rule come from? How strictly do the IOs adhere to this?

[Triple Citizen]

Please do not call it a requirement. That is totally incorrect. It is at best a yardstick to gauge risk of being accused of misrepresentation by USCIS and this yardstick exists only amongst applicants and their hired lawyers. There is no regulation as far as USCIS is concerned.

It is a requirement that USCIS and lawyers have been following to overcome the immigrant intent for a long time.

[BMORE HOPEFUL]

It is a product of observing USCIS behaviour when dealing with AOS applicants who entered on non-immigrant visas (sans K visas) and then applied for AOS.

so a person such as myself who has left and re- entetered 10 or 20 times under F1 is also under suspision?

[Triple Citizen]

I am not the officer adjudicating your I-485. Relax and address it when the interview comes along.

so a person such as myself who has left and re- entetered 10 or 20 times under F1 is also under suspision?

[txh1b]

Please do not call it a requirement. That is totally incorrect. It is at best a yardstick to gauge risk of being accused of misrepresentation by USCIS and this yardstick exists only amongst applicants and their hired lawyers. There is no regulation as far as USCIS is concerned.

I know requirement is a bad choice of word. I first used rule and felt requirement is a little soft word than rule :-)
It is neither a rule nor a mandatory requirement but a good to follow specification by immigration experts to avoid unnecessary pain during AOS.

Geez, I am still looking for a better word.

[BMORE HOPEFUL]

:)...this stuff makes me jittery tripleC...oh well- i will take your advice and address it when it arises.

[Triple Citizen]

The initials CYA do wonders here :)


Geez, I am still looking for a better word.

[samboi]

Thanks for your replies everyone. I will follow the advice. I am planning on getting engaged 1st week of May after finals are done.

Thanks again,

[BMORE HOPEFUL]

Thanks for your replies everyone. I will follow the advice. I am planning on getting engaged 1st week of May after finals are done.

Thanks again,

Congrats to you and yours then!;)