F-1 to AOS and traveling before marriage

[Tor 0]

I am a USC and my gf is from canada here on an F-1 ( Expires May 2011). We would like to get married and then do AOS. I have several questions

We are planning to spend our Christmas break from school in Canada( 3 weeks in January 2011), which we have done before while she was on a F-1.

My main concern is if we get married in Feb-March 2011 time frame will our Christmas trip look strange when the forms are processed due to her having just left and re- entered the country over Christmas??

Thanks in advanced

[Deputy Purple 1,294]

I may come to the attention of the adjudicator who handles her case.

FWIW, if you married now (where intent to marry & adjust was after her last entry into the US on a non-immigrant visa) then your perfectly legal, just do it asap and file immediately also filing for AP so she can travel for the holidays.

If you leave the US and then re-enter on a non-immigrant visa with the intent to marry and adjust status then you are committing immigration fraud. If they question your intent and can prove that you have preconceived plans to do this then you can get in a lot of trouble.

If they ask at he border what is the purpose of the visit and she answers to marry and adjust status she will be turned away.

If she lies and is caught then she will be banned for Material Misrepresentation and banned from entry.

This is your future together, why risk it? just get married now and file AOS then wait for AP to travel...

[Tor 0]

I am alil confused, she is on a f-1 visa and attends school full time. We have traveled out of the country before on christmas break. Her intent is to finish her schooling, not to marry. We have been in a relationship for 7 years with proof

Edited October 26, 2010 by Tor

[Deputy Purple 1,294]

You've already stated that you intent to get married next year and then file AOS. TO enter the US on a non-immigrant Visa with intent to adjust to immigrant.

To say that she intends to finish school ignores the other intent. Don't play games like that with CBP, they have a "nose" fishy things...

At best she has Duel Intent but her entry Visa isn't legal for the Immigrant Intent.

[Nartaki 7]

If you enter the country on a nonimmigrant visa (F1 or tourist) with the intent to immigrate, that is illegal.

But it is NOT enforced. You are protected under the Matter of Cavazos and Matter of Ibrahim where a preconceived intent should not cause a greencard to be denied if it is the only adverse factor in your application AND you are married to a US citizen. The 2 court cases have protected hundreds of couples adjusting status who had a preconceived intent to remain as immigrants for the past 30 years.

However, if you get married now and leave the country and reenter on a student visa, that is called misrepresentation and can cause a greencard to be denied.

This is what you should do: get married now and apply for AOS. Leave the country on Advance Parole, enjoy your vacation and then reenter the country on Advance Parole.

Hope that helps.

[FRJ 0]

I am a USC and my gf is from canada here on an F-1 ( Expires May 2011). We would like to get married and then do AOS. I have several questions

We are planning to spend our Christmas break from school in Canada( 3 weeks in January 2011), which we have done before while she was on a F-1.

My main concern is if we get married in Feb-March 2011 time frame will our Christmas trip look strange when the forms are processed due to her having just left and re- entered the country over Christmas??

Thanks in advanced

listen,she has an f-1 visa. is she still going to school? if her f-1 visa is straight and she is going to school, u have nothing to worry about. students on f-1 are allowed to travel. there is nothing to worry about. Your trip has nothing to do with any intent. the most they will ask is the last re-entry date and as long as you file the documents accurately, i don't see what the issue is. take ur trip bro.. there is nothing to worry about any 'intent' as long as her f-1 visa is still valid.

[VanessaTony 3,567]

listen,she has an f-1 visa. is she still going to school? if her f-1 visa is straight and she is going to school, u have nothing to worry about. students on f-1 are allowed to travel. there is nothing to worry about. Your trip has nothing to do with any intent. the most they will ask is the last re-entry date and as long as you file the documents accurately, i don't see what the issue is. take ur trip bro.. there is nothing to worry about any 'intent' as long as her f-1 visa is still valid.

As a student there's no problem. Had they already taken the trip and THEN decided to get married and AOS no probs. But because she's about the leave the country, and re-enter using a student visa, but with DUAL intent (intent to study yes, but also to AOS) then there's the rub. It's likely that nothing bad will happen, but it's also likely that it will raise questions.

I personally wouldn't risk it. The OP is more than welcome to try, but we would be remiss to say "no problem go ahead" when we know there MIGHT be a problem. The risk is there and it's up to the OP to decide whether it's worth it.

[FRJ 0]

As a student there's no problem. Had they already taken the trip and THEN decided to get married and AOS no probs. But because she's about the leave the country, and re-enter using a student visa, but with DUAL intent (intent to study yes, but also to AOS) then there's the rub. It's likely that nothing bad will happen, but it's also likely that it will raise questions.

I personally wouldn't risk it. The OP is more than welcome to try, but we would be remiss to say "no problem go ahead" when we know there MIGHT be a problem. The risk is there and it's up to the OP to decide whether it's worth it.

where does dual intent come in when he clearly stated that they take the trip every year. if she is coming back to resume her studies then there is no intent on anything. again, if she is in good standing there is absolutely nothing wrong with the trip.. she leaves legally, re-enters legally. it would only be intent if she came to the country for the first time and within months she gets married.. she's obviously been here for some time, thus that throws this intent thing out the window.

[Deputy Purple 1,294]

where does dual intent come in?

I'll play Devil's Advocate here...

At POE CBP asks her "Are you traveling alone?"

"No" she replies, "I'm with my Fiance."

"Oh, is he a US Citizen?", she's asked.

"Yes, he is. We met at University."

CBP then asks, "So do you have a [wedding] date set yet?".

If she answers honestly do you think they'll admit her?

If she lies then she has committed Material Misrepresentation.

So what are the chances that this will happen? I don't know but it surely isn't 0%, let's just assume it's only 1% okay. Why take the chance when they can do it perfectly legal without that 1% chance? Why risk it when the consequences of being in that 1% are so high (Lifetime Re-Entry Ban) especially when it's so easy to eliminate that chance.

It's reckless to tell someone else that there is no chance of anything going wrong when there is even the slightest chance of it going south on them.

You're right that the Intent Issue can't be the only reason for denial but if intent is hidden by Material Misrepresentation then not only can the AOS be denied but it can be followed with Deportation & Lifetime Re-Entry Ban.

I'm not trying to say this is what will happen, just making sure they understand this is what can happen.

And yes she as of now has Immigrant Intent, which makes it illegal for her to enter the US using (even a valid) Non-Immigrant Visa.

Edited October 28, 2010 by Bob 4 Anna

[FRJ 0]

I'll play Devil's Advocate here...

At POE CBP asks her "Are you traveling alone?"

"No" she replies, "I'm with my Fiance."

"Oh, is he a US Citizen?", she's asked.

"Yes, he is. We met at University."

CBP then asks, "So do you have a [wedding] date set yet?".

If she answers honestly do you think they'll admit her?

If she lies then she has committed Material Misrepresentation.

So what are the chances that this will happen? I don't know but it surely isn't 0%, let's just assume it's only 1% okay. Why take the chance when they can do it perfectly legal without that 1% chance? Why risk it when the consequences of being in that 1% are so high (Lifetime Re-Entry Ban) especially when it's so easy to eliminate that chance.

It's reckless to tell someone else that there is no chance of anything going wrong when there is even the slightest chance of it going south on them.

You're right that the Intent Issue can't be the only reason for denial but if intent is hidden by Material Misrepresentation then not only can the AOS be denied but it can be followed with Deportation & Lifetime Re-Entry Ban.

I'm not trying to say this is what will happen, just making sure they understand this is what can happen.

And yes she as of now has Immigrant Intent, which makes it illegal for her to enter the US using (even a valid) Non-Immigrant Visa.

oh brother!! she's a student..you guys blow ###### way out of proportion! she's a student! she's been in the US all this time! they've take the same trip before! gimme a break with all this misrepresentation stuff..

[Deputy Purple 1,294]

oh brother!! she's a student..you guys blow ###### way out of proportion! she's a student! she's been in the US all this time! they've take the same trip before! gimme a break with all this misrepresentation stuff..

So you know without a doubt that it's never happened?

All I've done is pointed out what CAN happen and also stated that the chances are slim but still exist, how is that blowing anything out of proportion?

If CBP asks the questions I listed would you suggest she conceal her relationship and their wedding plans?

In the end the choice isn't mine or yours, it's theirs. All we can do is give the the what-ifs and such, to tell them there is zero chance if it being a problem isn't being honest with them. To say there is a slim chance of a problem but if it happens it will be very bad is giving them the info they need to make an informed decision.

Stop taking it personally...

[Tor 0]

Thanks for all the information. Great debate going on here.

[Nartaki 7]

Being turned away by CBP is possible only if they suspect that you are reentering the country with a different intent.

Are you officially engaged? If you aren't then I wouldnt use the word "fiance" at the airport. You would use "friend"

If you are officially engaged, then you must use the word "fiance" at the airport (only if asked). Never lie as all comments you make are recorded on paper.

In most cases CBP officers write "NO COS/AOS/EOS" on the I-94 instead of turning away students with intent.

[Tor 0]

Nope we are not engaged, no ring or anything for this very reason, wanted to wait until I consulted an attorney. I just wanted to get some information on here first so i knew enough to tell if the attorney is good or not.

Thanks

[Deputy Purple 1,294]

Nope we are not engaged, no ring or anything for this very reason, wanted to wait until I consulted an attorney. I just wanted to get some information on here first so i knew enough to tell if the attorney is good or not.

Thanks

So you plan to get married next year but you're not engaged? What exactly would you call that?

Don't try to out lawyer a lawyer (or USCIS/CBP), they have a nose for these kinds of things.