Permanent Resident Marrying an F1 Student

[EM_Vandaveer 2,368]

@Anitafeliz

I believe that the F1 status does not expire as long as you continue your studies. And yes, I think that the fact that I have already gotten my previous documents approved means that I can definitely show solid proof that my marriage was bona fide. Thanks for your help.

I tried to make this point before: "clear and convincing evidence" is a higher standard of proof than just plain "proof of bona fide marriage". Basically, there is a presumption of fraud you have to overcome (like I said the same as for someone in removal proceedings who married a USC after being placed in removal proceedings, surely it's obvious that that looks fishy). Like I said you may be able to satisfy this higher standard of proof, but please understand it IS a higher standard, not the same it was for I-751.

[caliliving 606]

what country are you from?? What country is your new boyfriend from?? Is he from the same country you are from??

Your first marriage ended so quick, and this new marriage so soon after is alot to overcome.

He should probably go home after the student ends, and you can date him long distance and visit back and forth until 2018.. he can not overstay and overstay on an F1 is not a good idea.

[Hypnos 6,576]

@Hypnos

How was my green card approved in a first place if I wasn't in a bona fide marriage? I do have plenty of evidence that I have already provided the USCIS with and can do that again.

As has been stated now more than once, by myself and others, "clear and convincing evidence" is a higher standard of proof required than the average I-485 or I-751.

If you marry your boyfriend, you need to show "by clear and convincing evidence" that this relationship is bona fide, because it so closely mirrors fraudulent methods (immigrate using person A, divorce, then marry and petition person B).

Unless you have reams of paperwork showing this potential new marriage is bona fide (and most people don't - particularly for a new marriage) then an I-130 you file for your new spouse is likely to be denied, at least until five years have passed since you became an LPR.

Edited June 15, 2016 by Hypnos

[IcezMan_IcezLady 582]

OP doesn't seem happy with the answers given.

SO you can file.. your chances of denial is high and it is not going to be go quickly.

[Mollie09 1,543]

Typical case of somebody who came with the answers they wanted in mind

[EM_Vandaveer 2,368]

@ EM_Vandaveer

I totally understand that. But when it comes down to documents and all that, who can really provide more paper work than they have already done twice before. When you file for the AOS and the ROC I think anybody would try to sent every single document that can proof their case, down to the silliest photograph. Do you know what I mean?

Thanks so much!

Exactly. And that may not be enough due to the higher standard of evidence.

[Unlockable 7,306]

OP doesn't seem happy with the answers given.

SO you can file.. your chances of denial is high and it is not going to be go quickly.

Well said, Icez

Tons of information and advice in this thread but sometimes you just have to be blunt.

[apuleva 0]

OP doesn't seem happy with the answers given.

SO you can file.. your chances of denial is high and it is not going to be go quickly.

Sorry, I don't think that this is a matter of being happy with the answer. It really is a matter of what is the best I can do in my situation. I was just really hoping that may somebody that has been though this can tell me their experience. I would not attempt to do anything without consulting a lawyer. Thanks for your help tho.

[caliliving 606]

What country are u from? And what country is he from? Knowing that would help to determine if it's a high fraud country or not, and is he from the same country as you.

What would help is a - you need to be a USC and b- he needs to remain in status and then apply

[EM_Vandaveer 2,368]

Safest route: marry not right now, but maybe after a year or so, wait until you're eligible to file for citizenship, become a citizen THEN file for your spouse.

[KierenHby 897]

what country are you from?? What country is your new boyfriend from?? Is he from the same country you are from??

Your first marriage ended so quick, and this new marriage so soon after is alot to overcome.

He should probably go home after the student ends, and you can date him long distance and visit back and forth until 2018.. he can not overstay and overstay on an F1 is not a good idea.

What country are u from? And what country is he from? Knowing that would help to determine if it's a high fraud country or not, and is he from the same country as you.

What would help is a - you need to be a USC and b- he needs to remain in status and then apply

OP, you might be better served not just responding to some and ignoring selective questions..

[caliliving 606]

OP, you might be better served not just responding to some and ignoring selective questions..

lol the fact the OP is not responding to these questions explains alot

[Anitafeliz 1,133]

lol the fact the OP is not responding to these questions explains alot

I wouldn't be surprised if the new boo is from her home town...

[caliliving 606]

I wouldn't be surprised if the new boo is from her home town...

Hmm... yeah that is what i was getting at