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miniminyu

F-1 AOS Married outside of US

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

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miniminyu Newbie

miniminyu   0

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Filed: Timeline
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Hello everyone,

I am a US citizen and my spouse is a Korean citizen. My spouse is coming to the US on August 21 with a F-1 visa. We got married one month ago on June 27th in Canada. We are returning to the US together on August 21st and I am going to be applying to medical school while he attends his masters program. Now I want to sponsor him for a Green Card so that we can live and work together while I am in medical school. However, he is entering the US with a student visa so we're worried that our application will be seen as marriage fraud if we apply for a Green Card right away.

What is our best choice if we would like for him to obtain a Green Card as soon as possible? Should we wait 60-90 days before applying? Do we have to make him leave the US and then apply for a spouse visa? We would like to be together as much as possible and to get the Green Card as fast as possible so that he can start working legally.I am a US citizen and my spouse is a Korean citizen. My spouse is coming to the US on August 21 with a F-1 visa. We got married one month ago on June 27th in Canada. We are returning to the US together on August 21st and I am going to be applying to medical school while he attends his masters program. Now I want to sponsor him for a Green Card so that we can live and work together while I am in medical school. However, he is entering the US with a student visa so we're worried that our application will be seen as marriage fraud if we apply for a Green Card right away.

What is our best choice if we would like for him to obtain a Green Card as soon as possible? Should we wait 60-90 days before applying? Do we have to make him leave the US and then apply for a spouse visa? We would like to be together as much as possible and to get the Green Card as fast as possible so that he can start working legally.

Thanks for any advice!

CaizLurol Explorer

CaizLurol   36

Posted
Filed: Timeline
Posted

These are great questions. I would suggest asking an attorney. A lot of them will take your questions for free over the phone. It could be seen as "fraud" since your spouse is entering the US on a student visa with the intention of adjusting his status.

mngoalie Explorer

mngoalie   10

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

Since you're already married and already talking about AOS, I'd be surprised if someone didn't consider that to be visa fraud.. I think getting married before he came here is what will red flag any application you make.. I'd be very careful, and possibly look at doing it without an AOS. You'd be apart for longer, but he could get a lifetime ban if they think it was fraud..

Adjusting from F-1
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received
09/03/2013 - NOA hard copies received

09/09/2013 - Biometric appointment letter received
09/23/2013 - Biometrics appointment (completed)

10/01/2013 - status online changed to "Testing and Interview"

10/28/2013 - EAD in production
11/06/2013 - EAD received
11/08/2013 - Interview/Approved with RFE for long form birth certificate

12/03/2013 - sent in birth certificate

12/14/2013 - got notification green card in production
12/24/2013 - Green card

 
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