k3 vs AOS? is this possible

[edsalbo 0]

If i get married in the US on a F-1 student visa and soon after I go back to my home country to avoid accusations from USCIS (since my f-1 visa is a non-immigrant visa meaning i wasnt intending to stay) and later start the process of filing the I-130 (my spouse being in the US (US citizen) and I abroad). Could I wait for the I-130 to be approved and later file for the AOS (adjustment of status) directly instead of going through the K3 Process? This assumption is based on the concept (I've been reading) that if you start a k3 process and your I-130 is approved before the issuance of the K3 visa then you can go ahead and apply for AOS right away.

I would also like to know how risky it is to get married on a f-1 student visa and stay in the US during the AOS if I've only been living in the US for 9 months?.

This can get confusing and i would appreciate anybody's wisdom. I dont have much time to decide what to do.

THANK YOU

Edited January 4, 2009 by edsalbo

[Dakine 26]

If i get married in the US on a F-1 student visa and soon after I go back to my home country to avoid accusations from USCIS (since my f-1 visa is a non-immigrant visa meaning i wasnt intending to stay) and later start the process of filing the I-130 (my spouse being in the US (US citizen) and I abroad). Could I wait for the I-130 to be approved and later file for the AOS (adjustment of status) directly instead of going through the K3 Process? This assumption is based on the concept (I've been reading) that if you start a k3 process and your I-130 is approved before the issuance of the K3 visa then you can go ahead and apply for AOS right away.

I would also like to know how risky it is to get married on a f-1 student visa and stay in the US during the AOS if I've only been living in the US for 9 months?.

This can get confusing and i would appreciate anybody's wisdom. I dont have much time to decide what to do.

THANK YOU

LOTS of people marry in the US and adjust status. As long as you didn't come to the US with intentions of marrying your mate and staying in the US you shouldn't have any problems.

[Pat the man 0]

I Know that USCIS has a 30/60 day rule on non-immigrant visa. Meaning that if you got married within 30 days they are obligated to investigate and within 60 but over 31 they are to proceed with caution before issuance of visa. I married my wife only 8 days after her arrival on a F-1 visa so she returned to avoid being accused of immigration fraud. Now once you leave the country and a i-130 is filed there is no i485 filing that is only needed when the alien remains in the country and seeks an adjustment of status. If you get married in the US you cannot file for a k-3 visa as a k3 can only be done in the country where you got married. You should have no problems considering you got/ will be married 9 months as long as you as you can prove you had no intention to stay . This is easier to prove since you are out of the 30 60 day rule window but I would def ask a lawyer you can ask someone an attorney on justanswer.com for advice but you should be fine

[aravis227 1]

I'm a little bit confused about your post...the I-130 is a petition. You would file it in order to receive a K3 (spousal) visa. Your I-130 would HAVE to be approved before you receive the visa. The I-130 is what allows you to receive a K3.

If you return to your home country and file an I-130, that will allow you to move to the US, but you will not be allowed to work right away. You will have to file for AOS once you complete your move before you will be allowed to work.

Your other option if you marry and return to Colombia is to file for a CR1. It takes a little bit longer to process, but it includes your AOS and you don't have to file for it later.

[pushbrk 12,151]

I Know that USCIS has a 30/60 day rule on non-immigrant visa. Meaning that if you got married within 30 days they are obligated to investigate and within 60 but over 31 they are to proceed with caution before issuance of visa. I married my wife only 8 days after her arrival on a F-1 visa so she returned to avoid being accused of immigration fraud. Now once you leave the country and a i-130 is filed there is no i485 filing that is only needed when the alien remains in the country and seeks an adjustment of status. If you get married in the US you cannot file for a k-3 visa as a k3 can only be done in the country where you got married. You should have no problems considering you got/ will be married 9 months as long as you as you can prove you had no intention to stay . This is easier to prove since you are out of the 30 60 day rule window but I would def ask a lawyer you can ask someone an attorney on justanswer.com for advice but you should be fine

There is no 30/60 day rule. This is an old wives tale. Intention is intention. Some adjudicators may use "rules of thumb" but fraud is fraud and there's no safe way to commit it.

Generally F1 students who meet US Citizens and decide to marry AFTER their latest US entry, may simply marry and adjust status. The problem comes when they leave the US and return again after becoming engaged. Then staying to adjust status would be visa fraud. Obtaining a student visa for the purpose of marrying and immigrating is also visa fraud, not in the general sense of hoping to meet somebody but already having decided to marry.

[Reba 2]

Pat the man, there is very little in your advice that is actually correct. As pushbrk has already pointed out, there is no such thing as a 30/60 rule with immigration. None, nada zip zilch. It is a myth.

Also, you CAN get a K3 if you marry in the US. I got married in the US. I returned to my home country waited out the process there and then applied for a K3 once the I-129F petition was approved. I had my interview in Montreal. For the OP, if they were to do the same, ie: get married in the US, and the foreign spouse returns to home country to wait it out, then she would have her K3 interview at whichever US consulate in Colombia handles K3 interviews. Where I think you are confused is that you cannot apply for a K3 in the US. Only US consulates in foreign countries process K visas. The USCIS offices in the US handle adjustment of status applications.

edsalbo, how much longer are you in the US with your valid F visa? When did you enter the US, and when did you meet your fiance? If you decide to marry while legally in the US with a valid F visa, you can certainly stay to adjust status if you can prove that you did not use the F visa in order to immigrate. Meaning you can prove that you did not have intent to enter the country with the F visa in order to marry your fiance. If you met *after* you received your visa and came to the US, no problem. Stay and adjust status. But if our F visa expires during the process, don't leave the US for any reason until you have your green card. If you do, they likely will not let you back in and you'd have to start over and wait for a spouse visa of some sort, like K3 or CR1.

If you feel you must return to Colombia after you get married, then your option is K3 or CR1. There is no AOS from outside the country.