AOS when married to a permanent resident?

[WeGuyGal 1,052]

4 hours ago, mymarriagejourney said:

He does want to immigrate; I don't think there is any denying that.  But, he also wants to study computer science at a local university.  I'm staying out of the ifs ands or buts, honestly, and just trying to get practical information for them.

Here's some practical information..

 

Have the friend return home on the airline ticket he purchased prior to leaving his country.

Has the LPR spouse filed the i130? If not, she should do so as soon as possible. Takes about 2  years to get a green card. 

He should forget changing to student status. Wouldn't get approved with an i130 in the pipeline, for reasons stated. Bottom line: don't overstay b2.

[mymarriagejourney 112]

He is valid on his B2 until August, I think.  I do not know if his wife has filed the I130.  I also don't know if he's filed for the F1 with the local university yet.

 

He acquired the multi-entry visitor visa 4 years ago, before he met his wife.  They met and were married in their home country in July 2018.  The wife is now 1 month pregnant.  

Edited April 5, 2019 by mymarriagejourney
added more info

[WeGuyGal 1,052]

A March US admission would make an August i94. That seems like a quick turnaround towards an aos/cos. 

 

The wife should have filed an F2A petition soon after the wedding beginning with the i130; further delay only prolongs the IV. 

[NigeriaorBust 4,087]

 IF he stays until August there is a good chance he will miss the birth of his son.  HE won't be able to turn around and come right back.   IT might be better to leave soon and come back closer to the birth. .

[aaron2020 11,651]

46 minutes ago, mymarriagejourney said:

He is valid on his B2 until August, I think.  I do not know if his wife has filed the I130.  I also don't know if he's filed for the F1 with the local university yet.

 

He acquired the multi-entry visitor visa 4 years ago, before he met his wife.  They met and were married in their home country in July 2018.  The wife is now 1 month pregnant.  

So he committed fraud to enter the US.  A quick COS after entering the US.  Expect problems.  

[mymarriagejourney 112]

You are assuming he committed fraud, but neither you nor I have any idea what he said to the officer when he entered.

[Boiler 43,430]

17 minutes ago, mymarriagejourney said:

You are assuming he committed fraud, but neither you nor I have any idea what he said to the officer when he entered.

I am not but this is one case where the 90 day thingy might come into play.

 

One relevant question is whether he declared his intent to adjust status to F1 when entering, the main issue I see is time, can he adjust before his I 94 expires?

 

Presumably he was studying before he visited, can he leave mid course?

[aaron2020 11,651]

33 minutes ago, mymarriagejourney said:

You are assuming he committed fraud, but neither you nor I have any idea what he said to the officer when he entered.

Ever heard of the 90 days rule?

[mymarriagejourney 112]

7 minutes ago, aaron2020 said:

Ever heard of the 90 days rule?

Yes.  And, there is no such thing, even thought people here talk about it.

[mymarriagejourney 112]

13 minutes ago, Boiler said:

I am not but this is one case where the 90 day thingy might come into play.

 

One relevant question is whether he declared his intent to adjust status to F1 when entering, the main issue I see is time, can he adjust before his I 94 expires?

 

Presumably he was studying before he visited, can he leave mid course?

It's my understanding that he was not studying before he visited.  He was working as a barber.  While visiting, he heard an advertisement on the local radio about a computer science program and he became interested.  His brother-in-law said he would cover the cost of the program, and he told me he would like to apply.  That's the extent of what I know.

[aaron2020 11,651]

2 minutes ago, mymarriagejourney said:

Yes.  And, there is no such thing, even thought people here talk about it.

Really?  No such thing?

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html

 

3. The U.S Department of State’s 90-Day Rule

 

The U.S. Department of State (DOS) developed a 90-day rule to assist consular officers in evaluating misrepresentation in cases involving a person who violated his or her nonimmigrant status or whose conduct is or was inconsistent with representations made to either the consular officer concerning his or her intentions at the time of the visa application or to the immigration officer at the port of entry. 

[Boiler 43,430]

3 minutes ago, mymarriagejourney said:

It's my understanding that he was not studying before he visited.  He was working as a barber.  While visiting, he heard an advertisement on the local radio about a computer science program and he became interested.  His brother-in-law said he would cover the cost of the program, and he told me he would like to apply.  That's the extent of what I know.

Well obviously the programme cost is one thing, living expenses another.

 

Anyway has he spoken with the International Admissions Office, presumably this is for 2019/2020 so he has time to sort things out and go and get a F1 visa.

[mymarriagejourney 112]

Again I will say to you that he submitted his visa application and acquired his visa before he even knew his wife, and we have no idea what was or was not said or asked by the immigration officer at the port of entry.

 

This is the first I have seen the 90 day rule written out.  In practice, I know of many instances where I have known it not to be an issue.

[Boiler 43,430]

7 minutes ago, mymarriagejourney said:

Again I will say to you that he submitted his visa application and acquired his visa before he even knew his wife, and we have no idea what was or was not said or asked by the immigration officer at the port of entry.

 

This is the first I have seen the 90 day rule written out.  In practice, I know of many instances where I have known it not to be an issue.

Well it is fairly new and I do not know the extent of its implementation.

 

We have seen on here a fair few COS to F1 which have failed, there are consequences. Like with say the Immigration Timelines nobody can predict the future but certainly high risk.

[mymarriagejourney 112]

I've been away from the immigration world since my husband gained his citizenship, so that makes sense.  People always talked about some sort of 90 day rule and there was none.  I guess they added one since we've been through the process.