F1 AOS shortly after RE-entry

[mymarriagejourney 113]

I met my boyfriend overseas during an internship in his country.

He entered this country about a year after our meeting on an F1 visa. He attended school, as intended, and was here for 8 months. He lived with me.

After that time, his family ran into some financial difficulties and he went back to his home country. They were resolved within a school quarter and he returned this week for summer quarter.

We really missed each other during his months away and we want to get married. His visa has been valid since 8-2011. Because his school is on a quarter system and he stayed for 2 quarters (not a full academic year), the school had to adjust the SEVIS record to allow an early return home. They did a data fix on the SEVIS record to allow him back in the US.

If we get married and do an AOS now, is this a problem? If we go that route, he probably wouldn't go to school this summer. Instead, we'd use that tuition money to have a small ceremony and honeymoon. Would they look at his original entry in August 2011 or his entry in June 2012 to judge visa fraud (it's not what's happening, but it sounds like hell to be accused...). If doing an AOS now would raise red flags, we'd rather just wait until later in the summer. I start grad school in August, and we'd like to marry before then regardless.

[ChrisPG 30]

If we get married and do an AOS now, is this a problem? If we go that route, he probably wouldn't go to school this summer. Instead, we'd use that tuition money to have a small ceremony and honeymoon. Would they look at his original entry in August 2011 or his entry in June 2012 to judge visa fraud (it's not what's happening, but it sounds like hell to be accused...). If doing an AOS now would raise red flags, we'd rather just wait until later in the summer. I start grad school in August, and we'd like to marry before then regardless.

You are over-thinking this whole process-- the USCIS has no jurisdiction to dictate when a couple may marry. They only decide if what you have is bona-fide, and if it is and you can prove it, then it doesn't matter if you get married today, tomorrow or 2 years from now. It just needs to be a genuine marriage and relationship and any real couple can provide this evidence.

[mymarriagejourney 113]

You are over-thinking this whole process-- the USCIS has no jurisdiction to dictate when a couple may marry. They only decide if what you have is bona-fide, and if it is and you can prove it, then it doesn't matter if you get married today, tomorrow or 2 years from now. It just needs to be a genuine marriage and relationship and any real couple can provide this evidence.

We have plenty of evidence of a real relationship. I just don't want him to be accused of using a non-immigrant visa (F1) to immigrate. He came to go to school. We were romantically involved, but not ready to pursue marriage. He even left the country when money troubles arose rather than get married and do an AOS, as his college's international advisor suggested (believe it or not...). Proof of a bona fide relationship and being accused of visa fraud are two different issues, I think.

[ChrisPG 30]

We have plenty of evidence of a real relationship. I just don't want him to be accused of using a non-immigrant visa (F1) to immigrate. He came to go to school. We were romantically involved, but not ready to pursue marriage. He even left the country when money troubles arose rather than get married and do an AOS, as his college's international advisor suggested (believe it or not...). Proof of a bona fide relationship and being accused of visa fraud are two different issues, I think.

With all due respect, in this case, they are not. You are over-thinking.

Entering the country with intent alone is not enough to deny an application for AOS, but since he entered the country with the intent to attend school-- this is a none-issue.

Edited June 14, 2012 by ChrisPG

[mymarriagejourney 113]

Thank you for your input.

I agree that if he entered in 8-2011 and stayed here without going home and we got married now, intent would be pretty clear to any outsider. School, of course.

However, because he returned home in April and returned in June to start summer quarter next week, I assume it would look suspicious if we got married now and used the school tuition money to pay for said marriage and AOS... We just want this to go as smoothly as possible. If that's too much of a red flag for immigration, we will wait until late summer to marry and he will go to school this summer.

[ChrisPG 30]

Thank you for your input.

I agree that if he entered in 8-2011 and stayed here without going home and we got married now, intent would be pretty clear to any outsider. School, of course.

However, because he returned home in April and returned in June to start summer quarter next week, I assume it would look suspicious if we got married now and used the school tuition money to pay for said marriage and AOS... We just want this to go as smoothly as possible. If that's too much of a red flag for immigration, we will wait until late summer to marry and he will go to school this summer.

Again, with all due respect, you are over-thinking.

The USCIS cannot dictate *when* you can marry! It doesn't matter if you file now or six months from now. Delaying the filing doesn't negate the intent. Intent is had at the moment of entry!.

A person can have the intent to AOS when they enter, but not actually adjust until 6 years later-- the time delay doesn't negate the actual intent upon entry.

[grrrrreat 109]

Thank you for your input.

I agree that if he entered in 8-2011 and stayed here without going home and we got married now, intent would be pretty clear to any outsider. School, of course.

However, because he returned home in April and returned in June to start summer quarter next week, I assume it would look suspicious if we got married now and used the school tuition money to pay for said marriage and AOS... We just want this to go as smoothly as possible. If that's too much of a red flag for immigration, we will wait until late summer to marry and he will go to school this summer.

I doubt you'll have problems with intent.

Edited June 14, 2012 by grrrrreat

[mymarriagejourney 113]

Thank you to those who replied.

[ceadsearc 516]

It sounds like your husband entered to return to school and you decided to get married. Not a problem or illegal. If you are very concerned, making sure that he stays in school and doesn't drop out once you file for AOS will help to prove that he did enter for school purposes.