Fiance returned on F-1, filing adjustment of status

[JJulius 0]

Hello everyone,

My fiance and I have been engaged since September 2011. I am a US citizen, and she has been here studying under an F-1 visa for the past two years. She went home in December and returned this January on her F-1 visa. We were legally married this February. We now want to get her resident status.

Are we okay to proceed with the AOS paperwork (I-130, I-485, etc.)? I am concerned that she returned under her F-1 visa even though we were engaged. I've searched the forums and found conflicting advice on the subject. I'm trying to determine if we can proceed with AOS, or if we need to take another route to be safe.

Thanks all for your help and advice.

[Harpa Timsah 13,258]

Probably fine. How long has she been in school?

[Darnell 8,478]

It's perfectly fine for you two to file the AOS case, as adjusting from a student visa is perfectly acceptable.

re: travel when engaged - doesn't matter. What does matter, is the status of her F-1 visa when she came into the USA.

[NancyNguyen 1,657]

Here is the process:

http://www.visajourney.com/content/i130guide2

Good luck.

[Little_My 464]

Are you sure you are not me and my husband..? Below is our timeline:

Engaged: February 2010

Wife (I, the foreigner) returned to Finland for holidays: December 2010

Wife returned to the US: January 2011

Marriage at city hall: February 2011

AOS filed: March 2011

GC received: July 2011

Not once did the issue of intent come up during the process (besides here on VJ). There is absolutely no reason you cannot proceed with AOS - unless your wife signed a document at the boarder swearing she wasn't going to file for AOS. Outside fo that scenario, you are good to go.

Edited March 12, 2012 by Little_My

[JJulius 0]

Are you sure you are not me and my husband..? Below is our timeline:

Engaged: February 2010

Wife (I, the foreigner) returned to Finland for holidays: December 2010

Wife returned to the US: January 2011

Marriage at city hall: February 2011

AOS filed: March 2011

GC received: July 2011

Not once did the issue of intent come up during the process (besides here on VJ). There is absolutely no reason you cannot proceed with AOS - unless your wife signed a document at the boarder swearing she wasn't going to file for AOS. Outside fo that scenario, you are good to go.

Thanks everybody. I was concerned about a perception of immigration intent for her last entry using the F-1, since we planned to get married. But, it seems like this won't be an issue. We're proceeding with the AOS paperwork. Thanks again!