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procrastinator

Entering U.S on student visa then filing for AOS

By procrastinator in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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procrastinator Newbie

procrastinator   0

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Filed: Citizen (pnd) Country: Zambia
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I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.

Thanks

payxibka Grand Master

payxibka   10,048

Posted
Filed: AOS (apr) Country: Philippines
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Posted
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.

Thanks

legally? no. entering on a non-immigrant visa with the intent to immigrate is circumvention of immigration law and not allowed.

YMMV

Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Posted

Be sure to check how long she must be a resident to qualify for in state tuition. Especially if the school already has her in their system as an out of state student.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

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procrastinator Newbie

procrastinator   0

Posted
Filed: Citizen (pnd) Country: Zambia
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  • Author
Posted
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.

Thanks

legally? no. entering on a non-immigrant visa with the intent to immigrate is circumvention of immigration law and not allowed.

So you mean to say that if she enters on a student visa and then EVER files for immigration through me there will be a problem? (because we already married before she entered the U.S)

P&R Contributor

P&R   1

Posted
Filed: Lift. Cond. (apr) Country: England
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Posted (edited)

Most in-state/in-district tuitons that I've seen, require a year's residency. Make sure you check all of your info and are completely accurate before you do anything.

Edited by Paul&Rochelle

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procrastinator Newbie

procrastinator   0

Posted
Filed: Citizen (pnd) Country: Zambia
 Timeline
  • Author
Posted
Most in-state/in-district tuitons that I've seen, require a year's residency. Make sure you check all of your info and are completely accurate before you do anything.

You may be right. But I know for sure she will get the in-state tuition either in a few months or 1 year. The real question here is that will there be a problem with the AOS in this case.

Thanks for your responses so far everybody :)

payxibka Grand Master

payxibka   10,048

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.

Thanks

legally? no. entering on a non-immigrant visa with the intent to immigrate is circumvention of immigration law and not allowed.

So you mean to say that if she enters on a student visa and then EVER files for immigration through me there will be a problem? (because we already married before she entered the U.S)

no it can be done under the right circumstances and individual facts, but it can be a slippery slope.... you need to do your homework and understand better the entire process including the risks/pitfalls... a consultation with a qualified immigration attorney may be in your future.

Edited by payxibka

YMMV

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.

Thanks

legally? no. entering on a non-immigrant visa with the intent to immigrate is circumvention of immigration law and not allowed.

So you mean to say that if she enters on a student visa and then EVER files for immigration through me there will be a problem? (because we already married before she entered the U.S)

Probably. I would imagine if she went back to the embassy and told them she is married to an USC, that would change her student visa in some way.

It would be a very dicey situation.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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