EB2 NIW I140 approved but my marriage is taking place soon. What next?

[artemisxoxo 0]

My EB2 NIW I140 is approved recently, but I am getting married soon outside of the US. My to-be spouse resides outside of the US, and since I am currently a graduate student in F1 status, my original plan was  to bring her as F2 dependent. But, the math has changed since this approval. Since my I140 is approved, and my visa date is current, I can potentially file adjustment of status . But, I want my future spouse to be a greencard beneficiary as well. I understand that if she was already in the US, she could also file an AOS and things would be quite straightforward. But since she does not have a US status now, I am trying to explore what options we've got. My question is:

1. Would it be OK to hold off applying for AOS for now, get married first, bring her to US in F2 and wait for more than 90 days and finally both of us apply for AOS?

2. If 1 is not OK, what are some of the best possible options for us?

Personally, I would prefer 1 (as long as it is legal) as I want my wife to join me as soon as possible. Thank you for reading this.

[aaron2020 11,651]

1.  No, it would not be OK.  It's visa fraud to use an F-2 non-immigrant visa to enter the US with the intent to adjust status.

 

2.  You can do a Follow-to-Join and she will interview at a US Embassy/Consulate for an immigration visa.  

[Duke & Marie 1,389]

50 minutes ago, artemisxoxo said:

My EB2 NIW I140 is approved recently, but I am getting married soon outside of the US. My to-be spouse resides outside of the US, and since I am currently a graduate student in F1 status, my original plan was  to bring her as F2 dependent. But, the math has changed since this approval. Since my I140 is approved, and my visa date is current, I can potentially file adjustment of status . But, I want my future spouse to be a greencard beneficiary as well. I understand that if she was already in the US, she could also file an AOS and things would be quite straightforward. But since she does not have a US status now, I am trying to explore what options we've got. My question is:

1. Would it be OK to hold off applying for AOS for now, get married first, bring her to US in F2 and wait for more than 90 days and finally both of us apply for AOS?

2. If 1 is not OK, what are some of the best possible options for us?

Personally, I would prefer 1 (as long as it is legal) as I want my wife to join me as soon as possible. Thank you for reading this.

No, not ok at all... totally against the rules using a non immigration visa with intent to adjust.. 

 

complete your eb2 get your residency then apply either k1 or CR1 for her to follow... 

[aaron2020 11,651]

1 hour ago, Duke & Marie said:

No, not ok at all... totally against the rules using a non immigration visa with intent to adjust.. 

 

complete your eb2 get your residency then apply either k1 or CR1 for her to follow... 

As an LPR, he can not apply for a K-1 or CR-1.   An LPR would file in the F2a category for a spouse.

 

The superior option is to do a Follow-To-Join.

[bmqsg5h3 12]

I know several graduate students who did I-140/I-485 from F-1. But, none of them traveled outside the US during their processes.

For Follow-to-Join, you have to marry your fiancée before your AOS gets approved. You will have to travel to your (and/or your fiancée's) home country to get married and return to the US OR your fiancée will have to come to the US on B-2 or VWP, get married in the US and come back to her home country. Once you leave the US, I am not sure if you can re-enter to the US on F-1 or not. Is your F-1 a multiple-entry visa? If not, you will have to apply for F-1 and an answer to "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services" in DS-160 should be "Yes." Even if your F-1 is multiple-entry, your intension to reentry will be questionable by CBP at POE.

Edited November 4, 2019 by t-ten

[artemisxoxo 0]

My F1 is a multiple entry. Would my reentry be questionable just with approved I-140 if I travel outside before filing for AOS? Also, one thing I haven't been able to understand is why is it a visa fraud if we wait more than 90 days before applying for AOS (keeping in mind the new UCIS 90 days rule)? Is it because the officer still might check for intentions even after 90 days have passed?

 

With the responses above, I am curious about what would happen in the following hypothetical scenario: suppose a F1 student gets married outside of US in the middle of his graduate studies, brings his spouse to US in F2. He then files for EB2-NIW petition XX days after his wife came to US. His petition is approved after 6 months, and they both file for AOS. Is this situation still a immigration fraud regardless of what that XX days was? If not can this XX days be less than 90 days?

[aaron2020 11,651]

1 minute ago, artemisxoxo said:

My F1 is a multiple entry. Would my reentry be questionable just with approved I-140 if I travel outside before filing for AOS? Also, one thing I haven't been able to understand is why is it a visa fraud if we wait more than 90 days before applying for AOS (keeping in mind the new UCIS 90 days rule)? Is it because the officer still might check for intentions even after 90 days have passed?

 

With the responses above, I am curious about what would happen in the following hypothetical scenario: suppose a F1 student gets married outside of US in the middle of his graduate studies, brings his spouse to US in F2. He then files for EB2-NIW petition XX days after his wife came to US. His petition is approved after 6 months, and they both file for AOS. Is this situation still a immigration fraud regardless of what that XX days was? If not can this XX days be less than 90 days?

You can not use a non-immigrant F-1 visa to travel outside the US and return with the intent to immigrate by adjusting status.

 

It's visa fraud because you would have to lie at the POE to enter the US.  90 days doesn't matter.  The fraud is at the POE.

 

Your hypothetical is visa fraud.  You are basically asking for help to commit fraud.  

 

 

[artemisxoxo 0]

10 minutes ago, aaron2020 said:

You can not use a non-immigrant F-1 visa to travel outside the US and return with the intent to immigrate by adjusting status.

 

It's visa fraud because you would have to lie at the POE to enter the US.  90 days doesn't matter.  The fraud is at the POE.

 

Your hypothetical is visa fraud.  You are basically asking for help to commit fraud.  

 

 

I am not asking for help to commit fraud, you don't have to be that bitter. I am just trying to understand the legal bounds.

[Ryan H 3,790]

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