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immigration959

F1 visa to greencard - immigration intent

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Hi

Here is my timelime

Jan 2016: Girlfriend entered usa on F1 visa

Feb 2016: We started dating

Nov 6 2016: We married in a religious ceremony but did not register the marriage in court.

Nov 20 – Dec 20 2016 – travelled outside of country and she entered back on the F1 visa.

Dec 22 2016 - we got married in court and the certificate has the dec 22 date.

How long should I wait to file for her AOS to not show immigration intent? Or should i go ahead and file now.

Should I avoid mentioning my religious ceremony at the interview since you are not allowed to travel on F1 visa with immigration intent.

Please help

Thanks

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Get it done as soon as possible, you will always need to prove the relationship is above board regardless of how long you have need together. She will get a Green Card with restrictions, and then USCIS will need to see further evidence of a bona fide relationship in 2 years time to get the restrictions removed.

I am assuming she did got the F1 with the intent of marrying you, rather that you met after she started her studies?


AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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Timeline doesn't matter, evidence of bonafide relationship is what counts. Dating a month after entering the US could invite scrutiny.

Do not bend facts, state facts as they are.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Get it done as soon as possible, you will always need to prove the relationship is above board regardless of how long you have need together. She will get a Green Card with restrictions, and then USCIS will need to see further evidence of a bona fide relationship in 2 years time to get the restrictions removed.

I am assuming she did got the F1 with the intent of marrying you, rather that you met after she started her studies?

I met her after she started her studies. I did not know her before she came to the USA for studies.

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On 12/27/2016 at 0:56 PM, immigration959 said:

I met her after she started her studies. I did not know her before she came to the USA for studies.

At what time you met her doesn't matter. Your AOS cannot be denied by Intent alone. Intend is a CBP officer guideline and has nothing to do with USCIS. USCIS has their own guidelines and that is to prove the marriage is bona-fide.

After filing AOS she should not under any circumstances leave the country before getting AP card in hand.

Edited by Venice1012

PD:10/21/2016

NOA1:11/7/2016

Hardcopy NOA:11/10/2016

Biometrics Notice:11/12/2016

Biometrics App:11/22/2016

I485 Status update: As of December 5 we are ready to schedule your I485 for interview....

I130:Case Received

I765: 1/17/2017, New card is being produced

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I have a similar question that is related to this very same subject but the situation is slightly different.

 

If an F-1 visa holder has been in the US for 2.5 years (mid 2014), met me 1.5 years later (late 2015), then we are getting married a year later (very early 2017), but her I-20 or I-94 (can't remember which shows when you leave the us, it shows she left the US and came back late 2016), would this be a problem for the I-130/I-485 AOS application?

 

I see that this thread is stating that immigration intent is alone not enough for denial but insufficient evidence of bona-fide marriage is. But, I was just wondering if the I-20/I-94 showing she came into the US and a month later, we married, is an issue, even though she has been in the US on the F-1 visa for 2.5 years and started dating 1.5 years after she entered?

Edited by Zyllos

 

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15 minutes ago, Zyllos said:

I have a similar question that is related to this very same subject but the situation is slightly different.

 

If an F-1 visa holder has been in the US for 2.5 years (mid 2014), met me 1.5 years later (late 2015), then we are getting married a year later (very early 2017), but her I-20 or I-94 (can't remember which shows when you leave the us, it shows she left the US and came back late 2016), would this be a problem for the I-130/I-485 AOS application?

 

I see that this thread is stating that immigration intent is alone not enough for denial but insufficient evidence of bona-fide marriage is. But, I was just wondering if the I-20/I-94 showing she came into the US and a month later, we married, is an issue, even though she has been in the US on the F-1 visa for 2.5 years and started dating 1.5 years after she entered?

There is no law stating you cannot get married in the US, AOS is but intent alone cannot be the reason for a denial. What you should be worried about is getting evidence read to provide that the marriage is bona-fide.


PD:10/21/2016

NOA1:11/7/2016

Hardcopy NOA:11/10/2016

Biometrics Notice:11/12/2016

Biometrics App:11/22/2016

I485 Status update: As of December 5 we are ready to schedule your I485 for interview....

I130:Case Received

I765: 1/17/2017, New card is being produced

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20 minutes ago, Venice1012 said:

There is no law stating you cannot get married in the US, AOS is but intent alone cannot be the reason for a denial. What you should be worried about is getting evidence read to provide that the marriage is bona-fide.

 

I don't think that will be much of a problem.

 

Year worth of courtship documentation (trips, time spent together, dialogs, ect), combining of car insurance (no medical as she already has some through her college while she is still attending), pictures of me with her family and daughter, pictures of her with my family, pictures of the wedding with all of us, joint bank account, her being the sole beneficiary of my life insurance at work, 401k, and IRA, then the ever present marriage certificate.

 

I plan on doing a quit claim on the house towards her but I am not sure if the documentation will be processed before we send out the package. At least I can submit the request of a quit claim on the house toward her.

 

Also, after we get married, I will be changing the utilities over into our names together and we will have a bill paid once in our names together.

 

Beyond that, not sure what else would ever be needed to show a bona-fide marriage.

 

But, thank you for the information, Venice1012.

Edited by Zyllos

 

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