adjustment of status

[check_me22 0]

hey there all

i have a query.

I am on F-1 status and my fiancee is a US citizen. We are both in school at different places and thus not at the same place. Is it advisable to marry when we get together at the same place and get a home and all other accounts together or can we just get married right away, i apply for adjustment of status and we can show our school admit/transcripts as reason for our different place of residence.

(We were at the same school when we met but my advisor moved and i had to move with my advisor.)

The catch is that if we get married after i finish and move back to her, my F1 will expire and i will have to get a H1 and then adjust the status. Instead i have a valid F1 visa right now and applying right now after marriage will save me the time and hassle to look for H1 visa later by some employer.

In other words Do USCIS raise the objections of not stayinf together for couples even if there are valid reasons like attending school as in my case ? Is is worthwhile to wait till we get together to be safe or it does not matter? How do USCIS ppl look at it ?

i will appreciate any suggestions/ comments

[nyc 0]

there would have to be more explaining, etc.

You could do it and prove it that you have the date and place in mind of living together, for example,

"we're at schools now but on... we're planning to start living together, etc.

You'll also have to present plane tickets, etc.

It's doable but a lot of a hassle.

[faith42 0]

As NYC pointed out it is possible to complete the AOS, but you have to remember that the burden of proving the bona fide relationship is on you.

You provided very limited information so I have a couple of questions for you:

- Why did you have to move with your advisor? Did that cause you to change I-20s?

- How far are you from completing the program?

- Are you planning on applying for OPT?

- How far are you from your fiance?

- Would you explain your phrase

"The catch is that if we get married after i finish and move back to her, my F1 will expire and i will have to get a H1 and then adjust the status. Instead i have a valid F1 visa right now and applying right now after marriage will save me the time and hassle to look for H1 visa later by some employer."

[check_me22 0]

As NYC pointed out it is possible to complete the AOS, but you have to remember that the burden of proving the bona fide relationship is on you.

You provided very limited information so I have a couple of questions for you:

- Why did you have to move with your advisor? Did that cause you to change I-20s?

- How far are you from completing the program?

- Are you planning on applying for OPT?

- How far are you from your fiance?

- Would you explain your phrase

"The catch is that if we get married after i finish and move back to her, my F1 will expire and i will have to get a H1 and then adjust the status. Instead i have a valid F1 visa right now and applying right now after marriage will save me the time and hassle to look for H1 visa later by some employer."

Hey there guys

thanks alot for taking time out to reply.

I had to move with my advisor because i am in last year of my phD and hopefully by next may i will be done. My F1 status (and I20 is same) is still valid till next may and then if needed i will apply for OPT.

I moved from richmond, virginia to portland, OR.

what i meant by that phrase is that " as we all know processing a green card takes time so if i can prove my relationship while staying apart for a year( ofcourse with a valid reasons and will gather supporting docs like plane tickets , pics , etc) i can save time and get my green card by next year .

The question was trying to ask is " how much emphasis the "USCIS" put on staying together.

as NYC and yourself said " its doable with supporting docs " is reasonable

thanks

[faith42 0]

As NYC pointed out it is possible to complete the AOS, but you have to remember that the burden of proving the bona fide relationship is on you.

You provided very limited information so I have a couple of questions for you:

- Why did you have to move with your advisor? Did that cause you to change I-20s?

- How far are you from completing the program?

- Are you planning on applying for OPT?

- How far are you from your fiance?

- Would you explain your phrase

"The catch is that if we get married after i finish and move back to her, my F1 will expire and i will have to get a H1 and then adjust the status. Instead i have a valid F1 visa right now and applying right now after marriage will save me the time and hassle to look for H1 visa later by some employer."

Hey there guys

thanks alot for taking time out to reply.

I had to move with my advisor because i am in last year of my phD and hopefully by next may i will be done. My F1 status (and I20 is same) is still valid till next may and then if needed i will apply for OPT.

I moved from richmond, virginia to portland, OR.

what i meant by that phrase is that " as we all know processing a green card takes time so if i can prove my relationship while staying apart for a year( ofcourse with a valid reasons and will gather supporting docs like plane tickets , pics , etc) i can save time and get my green card by next year .

The question was trying to ask is " how much emphasis the "USCIS" put on staying together.

as NYC and yourself said " its doable with supporting docs " is reasonable

thanks

Just keep in mind that once you file AOS your F-1 is null, therefore there is no need to apply for OPT. In regards to "staying together" it all depends on the officer and the evidence he/she may be looking for. Once again the burden of proof is on the couple not USCIS. Who knows maybe by the time your interview comes up you may be living with your husband (to be).

Good luck and keep us posted.

[americangirl 0]

The question is, when do you WANT to get married?

If you don't want to get married before you graduate, I would advise an OPT. That's what my husband did, and we got married shortly before it expired. It gave us time to live together, make a life together, decide we really wanted to get married, etc. The OPT isn't terribly expensive, and if anything, it'll give you some time to get stuff together. And it's a LOT easier than getting H1-B, especially if you're planning on getting married within a year after graduation.

I don't think it'll be a huge deal to explain about the living situation (especially since you may be graduated and living together by the time you get your interview), but as long as you can get OPT, why take the risk?

[check_me22 0]

thanks guys for the info