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Blenderwasher

US citizen married an F1 visa holder.. are any of these issues a big deal?

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Filed: Timeline

First of all, this mgiht not be the right forum for this question. Sorry if that's the case.

I am a US citizen. My foreign national wife and I were married in January 2013, and we are about to start the green card application process. She has been in the US on an F1 Visa since roughly August 2011, and she is a graduate student. She will finish school at the end of this May.

I think our situation is fairly straightforward, but there are a few points that make me concerned.

1. She and I met online and began our relationship well before she came to the US on a student visa. Will USCIS view this as "cheating"? I mean, is it possible that she will be suspected of coming here as a student with the intention of marrying me and staying?

2. Although we are married, we have never lived together. As I said, she is currently a graduate student. Until December 2012, I was also a student. Our schools were in different parts of the country. I found a job and began working in April 2013 in a still different part of the country. Once she graduates and finishes up some professional licensing things, she'll move and join me. That will be in early June 2013, we think. Should I just create an attachment to my I-130 and explain all this?

3. She has applied for a green card before. She also received her BS in the US, and worked for a while. Her employer sponsored her for an employment based green card. Unfortunately, she had to leave the country because of a family emergency, and she hadn't filed an I-131. Because she couldn't come back ot the US, her employer withdrew its support, so her application was unsuccessful.

Are any of these really cause for concern? Is there anything I should include with the I-130 to address questions that our situation might raise?

Thanks!

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Filed: Citizen (apr) Country: Ireland
Timeline

1. No- she clearly studied here for several years, it's not as if you married as soon as she got here and did AOS immediately.

2. Yes, explain it in the cover letter. If you file AOS now, it'll likely be several months by the time you get an interview, and you will be living together then- make sure to get a joint lease, joint bills etc.

3. No. She got a F1 later, so USCIS are obviously not worried.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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