I got my student visa at the end of April 2009, got married to a US citizen in May 2009 and arrived in the USA in the end of July on the basis of student visa. I have registered for my program in the University but I don't want to continue with the program. If I file for green card right now will I have any problems?
question abt my case
- Thread starter gugs18
- Start date
Jackolantern
Registered Users (C)
Complete this semester. If you don't, that fact combined with your pre-existing marriage paints a picture of fraud ... it makes it appear that you were lying about your intentions to study when obtaining and using the student visa.
Triple Citizen
Registered Users (C)
Thanks for the responses guys.
My marriage was an arranged marriage and everything was planned in just 1 week after I got the student visa. So, no I did not know my husband before the marriage and I did not mention his name on the DS-156.
Al Southner
Registered Users (C)
You want to be technical in a case where you are supposed to be clear. USCIS would care less about arranged marriage, because they are uncommon in the US culture, so if you find an officer who isn't even remotely aware of such practices, you are toast. A week later?
USCIS is going to smell fraud and you will be burned on hot coals and face deportation, because there is sufficient proof from USCIS that you committe fraud. Married a week after getting your student visa, never went or registered with any school and straight to application for GC? Are you kidding me? 
Just go to school and forget about this greencard process until next year, because what you will be trying is going to bring lots of heartaches and unhappiness to your young life. Why wouldn't you want to go to school? You are young and get some education to expand your horizon.
Jackolantern
Registered Users (C)
If you don't want to attend school but still want that green card, officially withdraw from school (they may even give you some or all of this semester's money back), leave the US ASAP, and pursue the green card at a US consulate in your home country.
USCIS is going to smell fraud and you will be burned on hot coals and face deportation, because there is sufficient proof from USCIS that you committe fraud. Married a week after getting your student visa, never went or registered with any school and straight to application for GC? Are you kidding me?
you overdue a little bit here -- the USCIS will give them enough time and oportunity to proove them their marriage is bona fide. look @ me I am in a similar situation and underwent number of RFEs and two interviews so far, so I would not worry about being burned up front just because they married shortly after caming to the usa. as long as they are real married, it should not be a problem of approving, rather it will take definately more time (like my case 4 years). You guys just keep on collecting every receipt, picture, junk mail, put everything in joint name ASAP and you need lots of patients, and you should be fine.
Remember: you cannot prove fraud, where there is none
Al Southner
Registered Users (C)
you overdue a little bit here -- the USCIS will give them enough time and oportunity to proove them their marriage is bona fide. look @ me I am in a similar situation and underwent number of RFEs and two interviews so far, so I would not worry about being burned up front just because they married shortly after caming to the usa. as long as they are real married, it should not be a problem of approving, rather it will take definately more time (like my case 4 years). You guys just keep on collecting every receipt, picture, junk mail, put everything in joint name ASAP and you need lots of patients, and you should be fine.
Remember: you cannot prove fraud, where there is none
Well... the onus is on the OP to apply and we will see how USCIS deals with the situation. I can assure you that they are going to be hopping mad over this issue. Did you ever attend college or you went straight to the marriage school?
USCIS can create a mini-hell for any individuals, especially if you are faced with an officer who is the custodian of all the meanness harbored in a single DO. Joint documentatin can't prove marriage, the intent is what USCIS will be looking at here, she doesn't want to register to go to school, but she told the CP she needs an F1 for school... I hope you see the irony here, unless that is clouded by your own situation, because I realize people see what fits their own imagination and accepted world view... She can change her mind of course, but how convenient...to only enter into a marriage? 
I hope you see the irony here, unless that is clouded by your own situation, because I realize people see what fits their own imagination and accepted world view...
well, if she applied for a green card through a marriage, it is in OP discretion to make a decision BUT it has to be based on a conclusion whether marriage was enter into a good faith or not (joint stuff can only benefit).
Of course OP will be mad like hell (our situation) and nasty to them (our situation) and disrespectful making jokes about their relationship (vide our case), but it can only postpone decision.
USCIS tend to do that when they simply do not want to approve they will put you on a loop that will neither get you deny nor approve, that's when (as long as enough time passed) a WOM comes in handy
Last edited by a moderator:
the intent is what USCIS will be looking at here, she doesn't want to register to go to school, but she told the CP she needs an F1 for school...
ok, the OP can deny based on a bad morale, but lets be honest not going to school because you should comparing to individuals trying to get citizenship after multiple DUIs or heavier stuff - simply BIA will not uphold the denial by the District Director based on a bad morale that someone did not want to go to school (check Matter of Pradieu, BIA #419, 1986).
again, as long as their marriage is real, they have joint documentation to prove over the span of time they marriage been entered into a good faith, they have a good attorney and about $10,000 ready to "burn" for the case, they should be good to go
Last edited by a moderator:
Thank you everybody for the responses. I want to clear a few things here. First, the marriage is real and bona fide. I love my husband and he loves me and we are living together so we will have documentation to show and also affidavits from friends for the same. The intent to study was also real and I have registered for the course and have been attending the classes in the university for a month now. But I have a professional degree in medical field from my home country and I am feeling that instead of wasting time and money in this course, I should just take my licensing exams and practice in my field. I still have time, a couple weeks to drop out and save the tuition fees.
My husband is of the same opinion as DanielFL that as long as we are doing no fraud, there is no reason we should be denied. But I am worried that's why asked for opinions here as I feel there may be other people with similar experiences and more knowledge.
Al Southner, I got married after I was approved for the visa so that shows that I didn't get married just to come to the U.S....
DanielFL, can I get more info about your case pls?
My husband is of the same opinion as DanielFL that as long as we are doing no fraud, there is no reason we should be denied. But I am worried that's why asked for opinions here as I feel there may be other people with similar experiences and more knowledge.
Al Southner, I got married after I was approved for the visa so that shows that I didn't get married just to come to the U.S....
DanielFL, can I get more info about your case pls?
the bottom line is that yet OP and USCIS wont be happy with your situation but the truth is there is nothing much they can do (other than postpone your case like they did with ours), but then like I already said there is a local congresman, senator, district director, head guys in DHS finally WOM that can "speed" things up. WOM is expensive thats why I said you have to have some money ready for attorney.
Knowing 5 yrs ago what I know today and how I will be treated (they assumed a fraud) coming on J1 and marrying my wife so soon, I would spent my last penny to get a good attorney -- bottom line it would take less time (and money indeed) being approved long time ago rather than waiting with no attorney and hoping "oh well they need another 6 months". No, they dont.
I dont feel like writing my situation over and over again, just trace most of my threads on this forum you will get the picture!
wish you good luck --- you need plenty of it!