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immigration959

F1 visa to greencard - immigration intent

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Hi

Here is my timelime

Jan 2016: Girlfriend entered usa on F1 visa

Feb 2016: We started dating

Nov 6 2016: We married in a religious ceremony but did not register the marriage in court.

Nov 20 – Dec 20 2016 – travelled outside of country and she entered back on the F1 visa.

Dec 22 2016 - we got married in court and the certificate has the dec 22 date.

How long should I wait to file for her AOS to not show immigration intent? Or should i go ahead and file now.

Should I avoid mentioning my religious ceremony at the interview since you are not allowed to travel on F1 visa with immigration intent.

Please help

Thanks

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Get it done as soon as possible, you will always need to prove the relationship is above board regardless of how long you have need together. She will get a Green Card with restrictions, and then USCIS will need to see further evidence of a bona fide relationship in 2 years time to get the restrictions removed.

I am assuming she did got the F1 with the intent of marrying you, rather that you met after she started her studies?

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Get it done as soon as possible, you will always need to prove the relationship is above board regardless of how long you have need together. She will get a Green Card with restrictions, and then USCIS will need to see further evidence of a bona fide relationship in 2 years time to get the restrictions removed.

I am assuming she did got the F1 with the intent of marrying you, rather that you met after she started her studies?

I met her after she started her studies. I did not know her before she came to the USA for studies.

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On 12/27/2016 at 0:56 PM, immigration959 said:

I met her after she started her studies. I did not know her before she came to the USA for studies.

At what time you met her doesn't matter. Your AOS cannot be denied by Intent alone. Intend is a CBP officer guideline and has nothing to do with USCIS. USCIS has their own guidelines and that is to prove the marriage is bona-fide.

After filing AOS she should not under any circumstances leave the country before getting AP card in hand.

Edited by Venice1012

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I have a similar question that is related to this very same subject but the situation is slightly different.

 

If an F-1 visa holder has been in the US for 2.5 years (mid 2014), met me 1.5 years later (late 2015), then we are getting married a year later (very early 2017), but her I-20 or I-94 (can't remember which shows when you leave the us, it shows she left the US and came back late 2016), would this be a problem for the I-130/I-485 AOS application?

 

I see that this thread is stating that immigration intent is alone not enough for denial but insufficient evidence of bona-fide marriage is. But, I was just wondering if the I-20/I-94 showing she came into the US and a month later, we married, is an issue, even though she has been in the US on the F-1 visa for 2.5 years and started dating 1.5 years after she entered?

Edited by Zyllos

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15 minutes ago, Zyllos said:

I have a similar question that is related to this very same subject but the situation is slightly different.

 

If an F-1 visa holder has been in the US for 2.5 years (mid 2014), met me 1.5 years later (late 2015), then we are getting married a year later (very early 2017), but her I-20 or I-94 (can't remember which shows when you leave the us, it shows she left the US and came back late 2016), would this be a problem for the I-130/I-485 AOS application?

 

I see that this thread is stating that immigration intent is alone not enough for denial but insufficient evidence of bona-fide marriage is. But, I was just wondering if the I-20/I-94 showing she came into the US and a month later, we married, is an issue, even though she has been in the US on the F-1 visa for 2.5 years and started dating 1.5 years after she entered?

There is no law stating you cannot get married in the US, AOS is but intent alone cannot be the reason for a denial. What you should be worried about is getting evidence read to provide that the marriage is bona-fide.

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20 minutes ago, Venice1012 said:

There is no law stating you cannot get married in the US, AOS is but intent alone cannot be the reason for a denial. What you should be worried about is getting evidence read to provide that the marriage is bona-fide.

 

I don't think that will be much of a problem.

 

Year worth of courtship documentation (trips, time spent together, dialogs, ect), combining of car insurance (no medical as she already has some through her college while she is still attending), pictures of me with her family and daughter, pictures of her with my family, pictures of the wedding with all of us, joint bank account, her being the sole beneficiary of my life insurance at work, 401k, and IRA, then the ever present marriage certificate.

 

I plan on doing a quit claim on the house towards her but I am not sure if the documentation will be processed before we send out the package. At least I can submit the request of a quit claim on the house toward her.

 

Also, after we get married, I will be changing the utilities over into our names together and we will have a bill paid once in our names together.

 

Beyond that, not sure what else would ever be needed to show a bona-fide marriage.

 

But, thank you for the information, Venice1012.

Edited by Zyllos

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