Already married going to US as visitor to file AOS

[trinbajan 0]

Ok I'm so confused about all of this. I got married last summer kind of as a spur of the moment while I was visiting my boyfriend in the US on a J-1 visa then I returned to Canada about a week or two later to finish my degree. Now I'm applying to school down there and they're filing for a F-1 visa for me but I wanted to enter the US early and then change my status to a green card holder in order to avoid out of state tuition and be able to work.

I know entering the US as a visitor with the intention of staying is illegal but I would be entering with the intention of going to school but also filing for an adjustment of status.

What is my best course of action here so that I don't get permanently barred from the US?

[Harsh_77 716]

If you want to abuse the system and lie to an officer - yes you can get a F1 visa.

If you do not want to lie to officer then best solution is u will have to wait like everyone in like and get your AOS when your time comes. Coz F1 is a non-immigrant visa which means you have no intention of migrating to US - which will not be true in your case.

[trinbajan 0]

If you want to abuse the system and lie to an officer - yes you can get a F1 visa.

If you do not want to lie to officer then best solution is u will have to wait like everyone in like and get your AOS when your time comes. Coz F1 is a non-immigrant visa which means you have no intention of migrating to US - which will not be true in your case.

But I intend on going to school in the states regardless. I just need to know if once I'm down there I can file for AOS or if I have to wait until I finish my degree, return to Canada and file for consular processing.

[LIFE'SJOURNEY 970]

I don't see how they will issue you a F-1 if you are married to a USC. If you are being truthful on the student visa application, you will probably not be issued an F-1. Your USC husband should have started the process of applying for an approval for a CR1, if you wish to come to the US to live. I am sure the F-1 application ask for your martial status,you need to be truthful regarding this, because if you lie it will come back to haunt you during AOS.

Edited February 3, 2011 by LIFE'SJOURNEY

[trinbajan 0]

I don't see how they will issue you a F-1 if you are married to a USC. If you are being truthful on the student visa application, you will probably not be issued an F-1. Your USC husband should have started the process of applying for an approval for a CR1, if you wish to come to the US to live. I am sure the F-1 application ask for your martial status,you need to be truthful regarding this, because if you lied it will come back to haunt you during AOS.

I've been truthful on everything I've filed. I don't see why being married to an American citizen should prevent me from being able to go to school down there. I don't even know if I'm going to stay after I finish my degree or move back to Canada and bring him with me. I intended on doing a graduate degree in the US before I even met him, he only affected my choice of school.

[LIFE'SJOURNEY 970]

I've been truthful on everything I've filed. I don't see why being married to an American citizen should prevent me from being able to go to school down there. I don't even know if I'm going to stay after I finish my degree or move back to Canada and bring him with me. I intended on doing a graduate degree in the US before I even met him, he only affected my choice of school.

It not what you see, its what immigration see and that is you have reason to migrate. The number one reason is that you are married to a USC, your schooling or choose of where you wish to attend school is secondary. If you are saying that your choose of where you plan to be in school overrides your marriage, then why would you want to AOS after you have arrived in the US.

[trinbajan 0]

Ok maybe I wasn't very clear. School starts in August and I wanted to go down in May and get settled and have them send my F-1 to my US address. I don't see why I shouldn't be allowed to attend school in the US and I spoke to the school and they know I am married to a US citizen and it seemed fine. But I discovered I can file for Adjustment of status when I'm down there and then I'd be able to pay in state tuition. I just need to know if this is legal. My husband spoke to the residency status people at the school and they said it's done all the time. I don't really have any intention of staying in the US permanently because we haven't decided between the US or Canada as yet I just wanted to know if by filing for AOS I would be barred from entering the country.

I can enter the US as a visitor so I imagine I shouldn't have a problem entering as a student, I've been to the US several times since getting married.

[Hugglebuggles 60]

If I read your post right, you want to go down to the US as a visitor while your J-1 is processing and file for AOS, is that right? Entering the US as a visitor with the intention of staying and adjusting your status is illegal. If questioned at an AOS interview, you may need to prove that you did not have the intent on staying when you crossed. With a USC husband and pending J-1 visa, it would be hard to prove your intention was not to live in the US all along.

Also consider that if you file AOS in the US, you are not allowed to leave the country while the application is being processed without either a Green Card, or an AP document. The AP can take 3 months or more to be approved and issued. If going back to Canada in that time frame (eg. to attend school, tend to pending issues with the J-1), you would not be able to re-enter the US, and your application would be considered abandoned.

[LIFE'SJOURNEY 970]

Ok maybe I wasn't very clear. School starts in August and I wanted to go down in May and get settled and have them send my F-1 to my US address. I don't see why I shouldn't be allowed to attend school in the US and I spoke to the school and they know I am married to a US citizen and it seemed fine. But I discovered I can file for Adjustment of status when I'm down there and then I'd be able to pay in state tuition. I just need to know if this is legal. My husband spoke to the residency status people at the school and they said it's done all the time. I don't really have any intention of staying in the US permanently because we haven't decided between the US or Canada as yet I just wanted to know if by filing for AOS I would be barred from entering the country.

I can enter the US as a visitor so I imagine I shouldn't have a problem entering as a student, I've been to the US several times since getting married.

No one is saying you can't go to a school in the US, what everyone is trying to say to you is that by being married and register for school in the US this gives the impression at the time of AOS, that you knew before you entered the US, that you were going to enter on one type of visa and then adjust your status to LPR. This defines intent....

[trinbajan 0]

If I read your post right, you want to go down to the US as a visitor while your J-1 is processing and file for AOS, is that right? Entering the US as a visitor with the intention of staying and adjusting your status is illegal. If questioned at an AOS interview, you may need to prove that you did not have the intent on staying when you crossed. With a USC husband and pending J-1 visa, it would be hard to prove your intention was not to live in the US all along.

Also consider that if you file AOS in the US, you are not allowed to leave the country while the application is being processed without either a Green Card, or an AP document. The AP can take 3 months or more to be approved and issued. If going back to Canada in that time frame (eg. to attend school, tend to pending issues with the J-1), you would not be able to re-enter the US, and your application would be considered abandoned.

I was on a J-1 last summer when I got married and returned to Canada to finish school. I had no intention of staying and getting married was not planned either. I applied to graduate school now and the school applied for a F-1 visa for me and I am going down there without the intent of staying and I don't plan on leaving because I'll be in school for or 15 months.

The only problem arises because I'm just trying to avoid out of state tuition and the only way to get in state tuition through my husband is if I file the AOS paperwork. I'm not in the country now and if I went the K-3 route I wouldn't be able to attend school because it wouldn't be processed in time and my primary purpose is to attend school.

No one is saying you can't go to a school in the US, what everyone is trying to say to you is that by being married and register for school in the US this gives the impression at the time of AOS, that you knew before you entered the US, that you were going to enter on one type of visa and then adjust your status to LPR. This defines intent....

So I should just not file for the adjustment of status and stay on the F-1 visa for 15 months? Then after I finish school just return to Canada?

[LIFE'SJOURNEY 970]

I was on a J-1 last summer when I got married and returned to Canada to finish school. I had no intention of staying and getting married was not planned either. I applied to graduate school now and the school applied for a F-1 visa for me and I am going down there without the intent of staying and I don't plan on leaving because I'll be in school for or 15 months.

The only problem arises because I'm just trying to avoid out of state tuition and the only way to get in state tuition through my husband is if I file the AOS paperwork. I'm not in the country now and if I went the K-3 route I wouldn't be able to attend school because it wouldn't be processed in time and my primary purpose is to attend school.

So I should just not file for the adjustment of status and stay on the F-1 visa for 15 months? Then after I finish school just return to Canada?

You can apply for the CR1 now or durning the time you are in school, but return to Canada for the interview and receive your GC thru this channel.

[Hugglebuggles 60]

Although you had no intention on getting married or staying last time, if you cross now without the appropriate visa and the intent of adjusting your status within the US, it is illegal. Weather or not you want to stay for the long run, you still had immigrant intent when you crossed.

There is also the issue of the J-1 itself. If your J-1 is approved, even if it is mailed to you in the US, you need to enter the US with the visa and have it processed. There needs to be a record that you actually used the visa, otherwise you will have it, but your status would never have been based on it. It would never have been "used" for lack of a better term.

At this point, unless you are willing to abandon the J-1 and wait a year to attend school, I don't see any logical or legal way for you to get the instate tuition.

Edited February 3, 2011 by Hugglebuggles

[trinbajan 0]

I didn't even know that was possible.

So I can file for consular processing and go to school in the states while it's being processed? I was under the impression I wouldn't be able to enter the country if I filed for consular processing.

[LIFE'SJOURNEY 970]

I didn't even know that was possible.

So I can file for consular processing and go to school in the states while it's being processed? I was under the impression I wouldn't be able to enter the country if I filed for consular processing.

You are correct in this, your husband must be in Canada in order for you to do DCF. Am I correct in saying that your USC husband resides in the US. IF so this route is not available to you.

Let me correct myself on one thing, you should not apply for CR1 now, but wait until you have been given the F-1 visa and you have entered the US with it. There is no short cut to you obtaining the right to have in-state tuition right now.

Edited February 3, 2011 by LIFE'SJOURNEY

[trinbajan 0]

Although you had no intention on getting married or staying last time, if you cross now without the appropriate visa and the intent of adjusting your status within the US, it is illegal. Weather or not you want to stay for the long run, you still had immigrant intent when you crossed.

There is also the issue of the J-1 itself. If your J-1 is approved, even if it is mailed to you in the US, you need to enter the US with the visa and have it processed. There needs to be a record that you actually used the visa, otherwise you will have it, but your status would never have been based on it. It would never have been "used" for lack of a better term.

At this point, unless you are willing to abandon the J-1 and wait a year to attend school, I don't see any logical or legal way for you to get the instate tuition.

I don't have a J-1 anymore that was last year. The school applied for an F-1 student visa. I discovered that if I'm in the country as a visitor and let them know I intend on attending school on an F-1 visa I can enter and file another form to change status to F-1 while in the country because the F-1 isn't valid until 30 days before you start your study period. I found this on the US department of state website.

I think I've gathered from the responses that I should not file for AOS because it will seem like I entered the country with the intent to immigrate despite the fact I am going to school.

You are correct in this, your husband must be in Canada inorder for you to do DCF. Am I correct in saying that your USC husband resides in the US. IF so this route is not avavilable to you.

Yes he's in the US and I'm in Canada. I think I need to find an immigration lawyer This is ridiculously complicated.