F-1 student gets married, then travels and returns...

[teddyblue 0]

Hello,

My wife and I recently filed for an AOS, she is an F-1 visa student, and I am a US citizen. We married in mid-June, and we both left the country together to meet her family and so forth in the beginning of July. I returned first because I had to return to work, and she returned 2 weeks later in mid-August. She had no particular problems getting back into the US. We then applied for the AOS just a few days ago. I was just wondering if she would be facing any issues with her AOS application?

She has been here as a student for three years, and her F-1 visa doesn't expire until 01/13. Neither of us had any knowledge of the fact that her traveling back home could be a problem. I have only just now come across this information, and I was wondering to what extent was it true? I have heard that they may deny re-entry after leaving, but she didn't have any issues with that. Since she had no issues with her re-entry, does that mean she won't have issues with her AOS? We were just researching whether she would still be able to attend school and what rates would apply, etc., when I read that it may be a problem, may even be considered fraud and she could potentially get sent back and banned. That sounds a little extreme, but even the thought of it makes me want to hurt myself. Please, if anyone has any informative feedback, it would be greatly appreciated. Thanks in advance.

[Little_My 464]

Well, it's true she might have some issues with her AOS - or everything could go perfectly smoothly. My situation was not exactly the same as I was not married at the time I left and re-entered, but basically when I was still on F1, I left US to spend Christmas in Finland, returned in January, and then we decided to marry in February. I was never questioned about my intentions upon returning to the US in December, nor did that issue come up during my AOS process at all.

However, it is a bit different for you, as you had just gotten married and were obviously planning to file AOS prior to her leaving the country. She entered with her F1 student visa with the intent to immigrate, which is not allowed on a non-immigrant visa. Still, I think it is quite possible this won't become an issue during AOS if there aren't any other major red flags with your case. You didn't mention where she is from - that might have some bearing on the smoothness of your process. Other things that will have an affect to the final outcome are things like length of your relationship, the proof you can provide to establish a bonafide marriage, etc.

No one can say for sure if the fact that she left after you were married and then re-entered to file for AOS will or will not become a big issue during the process. I would be prepared to answer some questions regarding her re-entry though.I always suggest taking the honest route- if it does come up in the interview, do not try to come up with some made-up-story. Explain the situation as it happened, and hope for the best. That's all you can do at this point. And make sure she does not leave until she has her AP in her hand - or, if you want to be on the safe side, does not leave until she has the actual green card.