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Student Visa to AOS

By pepepe in Adjustment of Status from Work, Student, & Tourist Visas

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pepepe Newbie

pepepe   0

Posted
Filed: Timeline
Posted

Hi everybody,

I have a little bit complicated situation here.

My husband and I met in China, and we had a small wedding ceremony there, but we didn't get married with any legal license.

Then last year, I used F1 student visa come to US and go to a college to study, and we get married with a legal license in US recently.

So my question is:

1. Is the wedding ceremony in China being counted as a legal marriage? even we didn't get legal license.

2. I did not enter the US on a F1 student visa with obvious intent to immigrate, even tho I'm already "married", it was to get my degree. but how would the USCIS consider this ? Will it being considered as a fraud?

Thanks!

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LanaMay Apprentice

LanaMay   5

Posted
Filed: H-1B Visa Country: Ukraine
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Posted (edited)

I assume your husband is a US citizen right?So now you want to apply for green card and that is why fraud question bothers you? How would immigration service be able to find out that you were married in China first?

Edited by LanaMay
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amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
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Posted

Hi everybody,

I have a little bit complicated situation here.

My husband and I met in China, and we had a small wedding ceremony there, but we didn't get married with any legal license.

Then last year, I used F1 student visa come to US and go to a college to study, and we get married with a legal license in US recently.

So my question is:

1. Is the wedding ceremony in China being counted as a legal marriage? even we didn't get legal license.

2. I did not enter the US on a F1 student visa with obvious intent to immigrate, even tho I'm already "married", it was to get my degree. but how would the USCIS consider this ? Will it being considered as a fraud?

Thanks!

If the ceremony in China is a legal marriage in China then it is legal in the US. The question is did you apply for your F1 when you were married and say that you weren't (assuming the Chinese marriage is legal).

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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pepepe Newbie

pepepe   0

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Filed: Timeline
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I assume your husband is a US citizen right?So now you want to apply for green card and that is why fraud question bothers you? How would immigration service be able to find out that you were married in China first?

To proof bona fide marriage, we only have third party affidavit. The third party need to write down how we met and married each other.

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pepepe Newbie

pepepe   0

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If the ceremony in China is a legal marriage in China then it is legal in the US. The question is did you apply for your F1 when you were married and say that you weren't (assuming the Chinese marriage is legal).

I don't think it is legal because we only have a dinner party and no legal document proof that it is a marriage. But I did apply for F1 after the "ceremony" and say I'm single and have no relatives in US.

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LanaMay Apprentice

LanaMay   5

Posted
Filed: H-1B Visa Country: Ukraine
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Posted

To proof bona fide marriage, we only have third party affidavit. The third party need to write down how we met and married each other.

I think if marriage will be decided to be genuine and not only for a purpose of AOS by immigration officer you should be fine,or at least I hope you would be.Some Immigration officers are people too after all. Maybe if you spend more time on F1 and not to file for AOS right away it will be viewed as a plus.

I would recommend consulting a lawyer.Forum advise is good, but it never hurts to have a professional on your side.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

You lied to get your student visa - expect troubles. In fact, you could be charged with material misrepresentation and banned for life from the US.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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AnotherLostSoul Proficient

AnotherLostSoul   167

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Filed: Timeline
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When you applied for F1 visa you filed as "single" and even if your marriage did not have any forms involved, you were NOT single when you applied for F1...USCIS may going to raise a couple eye brows and you may end up regretting the decision you did...good luck!

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SBB Enthusiast

SBB   74

Posted
Filed: Citizen (pnd) Country: China
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Posted

As far as the Chinese government is concerned, you weren't married when you left China. The only marriage ceremony of any legal relevance in China is registering your marriage at the local Civil Affairs Bureau.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

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sundlass Newbie

sundlass   0

Posted
Filed: Timeline
Posted

Hi everybody,

I have a little bit complicated situation here.

My husband and I met in China, and we had a small wedding ceremony there, but we didn't get married with any legal license.

Then last year, I used F1 student visa come to US and go to a college to study, and we get married with a legal license in US recently.

So my question is:

1. Is the wedding ceremony in China being counted as a legal marriage? even we didn't get legal license.

2. I did not enter the US on a F1 student visa with obvious intent to immigrate, even tho I'm already "married", it was to get my degree. but how would the USCIS consider this ? Will it being considered as a fraud?

Thanks!

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Brian&Ivy Explorer

Brian&Ivy   1

Posted
Filed: AOS (apr) Country: China
 Timeline
Posted

nah.. ceremony is not a certificate.. even i know in China some places (even in my hometown), people assume you are married only if you have ceremony, but legally you are not married until you get a license in marriage bureau.

- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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pepepe Newbie

pepepe   0

Posted
Filed: Timeline
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nah.. ceremony is not a certificate.. even i know in China some places (even in my hometown), people assume you are married only if you have ceremony, but legally you are not married until you get a license in marriage bureau.

Thank you! :yes: But I think I still need to consult with the lawyer.

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