GC holder marrying F1 student who just entered US

[Orpx967]

Here's my situation, and I would really appreciate any help on this matter or any input you could possibly give me.

I am a GC holder. I got my green card in August 2009. That same year, in September, I went overseas for 2 months. I happened to fall in love with the sister of a woman who is married to my brother. We had some good times but we never really got serious. In June 2010 I went back overseas and hooked up again with the same girl. Often times we talked about life in USA, so I told her she should come and see it for herself. So, in November 2010 my girl applied for F1 and she got the visa. My father was her financial sponsor. Her sister couldn't sponsor her because of lack of money. Last month my girl came to USA and is about to start her studies in January.
Our relationship grew in the meantime and we connected to the point where we want to get married now.
Now I realized that her coming on F1 visa might be a problem because of an immigrant intent issue. Please advise us on our situation. I appreciate anybody's input. Thank you!

 

[namecheckvictim]

If she just happens to get a I-20 out of a school that is in your City and State, don't you think that is too much of a coincidence? I am sure she is in the same state as you are, I will be honest I like your story, that being said if you stick to your story I am sure USCIS will like it too as you have covered most of the loop holes.
Just make a little amendement to it, you said you fall in Love in September 2009 but never got serious and then your Love took a Vacation for a full long year and slept until November 2010, that doesn't make any sense, when you are in love you are in love period.

 

[namecheckvictim]

Here's my situation, and I would really appreciate any help on this matter or any input you could possibly give me.

I am a GC holder. I got my green card in August 2009. That same year, in September, I went overseas for 2 months. I happened to fall in love with the sister of a woman who is married to my brother. We had some good times but we never really got serious. In June 2010 I went back overseas and hooked up again with the same girl. Often times we talked about life in USA, so I told her she should come and see it for herself. So, in November 2010 my girl applied for F1 and she got the visa. My father was her financial sponsor. Her sister couldn't sponsor her because of lack of money. Last month my girl came to USA and is about to start her studies in January.
Our relationship grew in the meantime and we connected to the point where we want to get married now.
Now I realized that her coming on F1 visa might be a problem because of an immigrant intent issue. Please advise us on our situation. I appreciate anybody's input. Thank you!

The F2A category retrogressed by two years so keep her F1 status intact as it will take 2 to 3 years for her to get a GC after you file for her as your wife.

 

[Al Southner]

Here's my situation, and I would really appreciate any help on this matter or any input you could possibly give me.

I am a GC holder. I got my green card in August 2009. That same year, in September, I went overseas for 2 months. I happened to fall in love with the sister of a woman who is married to my brother. We had some good times but we never really got serious. In June 2010 I went back overseas and hooked up again with the same girl. Often times we talked about life in USA, so I told her she should come and see it for herself. So, in November 2010 my girl applied for F1 and she got the visa. My father was her financial sponsor. Her sister couldn't sponsor her because of lack of money. Last month my girl came to USA and is about to start her studies in January.
Our relationship grew in the meantime and we connected to the point where we want to get married now.
Now I realized that her coming on F1 visa might be a problem because of an immigrant intent issue. Please advise us on our situation. I appreciate anybody's input. Thank you!

You shouldn't marry your girlfriend at least until the summer. Your girlfriend was sponsored by your father, of all cases, which means your parents could be complicit in defrauding US consulate of procuring a visa which she didn't have any intention of using for school. Does she intend to attend college or she will become a housewife as soon as she is married and you for the I-130? She will need to maintain her F1 status for about 3 years or so, because as Name indicated, visa for F2A has regressed by about 2 years, which I think during the 3 years you could be dating and building solid proof of marriage, which should help you two when her I-485 becomes current (assuming you marry and file in 2011 summer). Marrying and filing for I-130 as soon as she arrives in the country is going to create problems for you in the long-term.

 

[BigJoe5]

I hope she does well in school, gets a 4 year degree and does not leave the country for family visits between semesters. It would take the whole time to adjust as the spouse of an LPR if you got married right away and filed an I-130.

How likely are YOU to be eligible for naturalization? It might be easier to wait and concurrently file everything as the spouse of a USC instead. The difference in the time it takes her to get her greencard probably wouldn't be much different either way.

You could file an N-400 in ?May 2014? and be a USC by ?September or October? Got any "issues" that would prevent naturalization?

 

[Orpx967]

If she just happens to get a I-20 out of a school that is in your City and State, don't you think that is too much of a coincidence? I am sure she is in the same state as you are, I will be honest I like your story, that being said if you stick to your story I am sure USCIS will like it too as you have covered most of the loop holes.
Just make a little amendement to it, you said you fall in Love in September 2009 but never got serious and then your Love took a Vacation for a full long year and slept until November 2010, that doesn't make any sense, when you are in love you are in love period.

Thanks for liking my story, and thank you even more for giving me your opinion on the issue. Well, our love hasn't slept till November 2010. I actually went overseas the second time in June 2010 where we again started dating. But we never planned on getting married until she came to USA, in November 2010, and spent a month here. Now I am careful about marrying her because of her F1 status. This is why I appreciate your insight and why I want to understand the whole situation I am in now. And what a surprise to see that F2A category just retrogressed for 2 years. I just found out about that fact.
Thanks NameCheck!

 

[Orpx967]

I am aware of 30-60-90 days rule and am not planning on marrying her until at least 4 months go by. She is planning on going to school, and she will not quit school until she gets her GC. Thanks a lot for your input. You helped me to see the situation more clear. Now I'm thinking I shouldn't marry her until the summer. It will be safer.

 

[Al Southner]

I am aware of 30-60-90 days rule and am not planning on marrying her until at least 4 months go by. She is planning on going to school, and she will not quit school until she gets her GC. Thanks a lot for your input. You helped me to see the situation more clear. Now I'm thinking I shouldn't marry her until the summer. It will be safer.

I think this is the smart and best way forward for you. The most important part is that she is here with you, you aren't losing anything but you could create an uncomfortable situation with her immigration by being overzealous in your need to file for her immediately. Summer isn't that far away anyway, she will provide some cuddling in this vicious winter dude.. Just hang tough, plus she just need to do well in school and maintain her F1, because without a valid immigration status she can't adjust her status with an expired status, assuming she were to drop out of college, unless you were a US citizen. A year long relationship and marriage in summer of 2011, plus another wait of her visa to be current will give you about 2-3 years, which means when her visa number becomes available, she can adjust in the US and the green card interview won't give you a nightmare. This will also ensure she gets 10 years green card because both would have been married for a little over 2 years, will save you money as well.

 

[Orpx967]

Al Southner and BigJoe5 thank you both!
I do not think I will have any problems to become a citizen but I have to wait till May 2014 to apply. It would be a long time to wait till then to get married. I was thinking the best is to get married in the summer 2010, as Al Southner suggested. Any of you see problems in that scenario? Thanks!

 

[BigJoe5]

Al Southner and BigJoe5 thank you both!
I do not think I will have any problems to become a citizen but I have to wait till May 2014 to apply. It would be a long time to wait till then to get married. I was thinking the best is to get married in the summer 2010, as Al Southner suggested. Any of you see problems in that scenario? Thanks!

Marrying and filing an I-130 and filing either for a visa abroad or for adjustment in the U.S. are 3 independent decisions. You could marry whenever you want and file the I-130 whenever after that. The I-130 filing date will be important to her filing as the spouse of an LPR but irrelevant filing as the spouse of a USC. Remaining in F-1 status is important for filing for adjustment as the spouse of an LPR but irrelebvant to filing as the spouse of a USC. Yeah, I know, it's a lot to take in and process. Have a happy life together however you proceed.

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

[Jackolantern]

I understand she didn't mention a fiance on her visa application. So if she gets married soon, it will look as if she lied on the visa application; the application asks about spouse/fiance/children/etc. living in the US.

Second, there is the immigrant intent issue -- if she gets married and you file I-130 with adjustment of status selected on question 22, it is likely to be seen as a case of preconceived immigrant intent, which is a no-no for people who entered with visas such as F1 or B1/B2. Spouses of US citizens are normally given leniency on this, but you are not a US citizen. However, if she does consular processing instead, the immigrant intent issue goes away; their problem is with people who enter the US as visitors or students who then stay to immigrate, not those who get approved to immigrate at the consulate.

 

[Al Southner]

Al Southner and BigJoe5 thank you both!
I do not think I will have any problems to become a citizen but I have to wait till May 2014 to apply. It would be a long time to wait till then to get married. I was thinking the best is to get married in the summer 2010, as Al Southner suggested. Any of you see problems in that scenario? Thanks!

The other alternative, marry in the summer 2011 and file I-130 in Dec 2011, maybe the visa number will be moving very fast, who knows? However, you should consider this little nugget, once you file for I-130, she can't travel overseas because of perceived immigration intend as a F1 visa holder. She will need to prepare to be in it for the long haul, on the other hand, you can't be caught with any DWI or DUI, with a hooker pleasuring you, because it will kill your chances of becoming a US citizen. In short, obey all US laws to avoid trouble with your naturalization and if you drink alcohol, quit today dude. If the speed limit says 65, kept your car within 65-70, excessive traffic tickets could create bad moral character implications. In some states, VA being one, speeding above a certain limit automatically becomes reckless driving charge with a required court appearance. If visa numbers for LPR take longer than 4-5 years, your naturalization is the only viable to a quicker green card.

 

[Orpx967]

I understand she didn't mention a fiance on her visa application. So if she gets married soon, it will look as if she lied on the visa application; the application asks about spouse/fiance/children/etc. living in the US.

Second, there is the immigrant intent issue -- if she gets married and you file I-130 with adjustment of status selected on question 22, it is likely to be seen as a case of preconceived immigrant intent, which is a no-no for people who entered with visas such as F1 or B1/B2. Spouses of US citizens are normally given leniency on this, but you are not a US citizen. However, if she does consular processing instead, the immigrant intent issue goes away; their problem is with people who enter the US as visitors or students who then stay to immigrate, not those who get approved to immigrate at the consulate.

No, she did not mention anything about a fiance on her student visa application. If she did, she would be denied, probably. No certain plans about our marriage existed at that time though. I cannot prove it, but USCIS cannot prove otherwise, right? Life is complicated, not everything is black and white!

Second, people go abroad to study, then they fall in love and they marry. The immigrant intent will always be there. How can anyone on F1 avoid that issue?

 

[Orpx967]

The other alternative, marry in the summer 2011 and file I-130 in Dec 2011, maybe the visa number will be moving very fast, who knows? However, you should consider this little nugget, once you file for I-130, she can't travel overseas because of perceived immigration intend as a F1 visa holder. She will need to prepare to be in it for the long haul, on the other hand, you can't be caught with any DWI or DUI, with a hooker pleasuring you, because it will kill your chances of becoming a US citizen. In short, obey all US laws to avoid trouble with your naturalization and if you drink alcohol, quit today dude. If the speed limit says 65, kept your car within 65-70, excessive traffic tickets could create bad moral character implications. In some states, VA being one, speeding above a certain limit automatically becomes reckless driving charge with a required court appearance. If visa numbers for LPR take longer than 4-5 years, your naturalization is the only viable to a quicker green card.

Al Southern, I like your advice and I will probably go with that one. I have a clean record, never even got a speeding ticket for all these years I've been in USA. Staying out of trouble is my priority. My girl will go on with her schooling, and we will wait some time to get married. But I really hope F2A category becomes fast again. By the time we have an AOS interview, we will have a life built around us that will serve as a proof of our good intentions.

 

[namecheckvictim]

No, she did not mention anything about a fiance on her student visa application. If she did, she would be denied, probably. No certain plans about our marriage existed at that time though. I cannot prove it, but USCIS cannot prove otherwise, right? Life is complicated, not everything is black and white!

Second, people go abroad to study, then they fall in love and they marry. The immigrant intent will always be there. How can anyone on F1 avoid that issue?

It is strange though also, out of all Visas an F-1 marrying and adjusting status in US get all the heat from USCIS all the time, it's not you.
They come down on F1 very hard, almost all F1 are suspected of fraudulent marriages and almost all F1 marriages get selected for a visit to verify marriage, neighbors interview etc.
F1 is hard as it is and all the other circumstances you have will make it more complicated, goodluck though.

 

[Jackolantern]

No, she did not mention anything about a fiance on her student visa application. If she did, she would be denied, probably. No certain plans about our marriage existed at that time though. I cannot prove it, but USCIS cannot prove otherwise, right?

They have the power, and the burden of proof is not on them! In their eyes, a marriage that happens 1 or 2 months after entering is evidence of having prior plans to marry before entering the US.

Second, people go abroad to study, then they fall in love and they marry. The immigrant intent will always be there. How can anyone on F1 avoid that issue?

As I mentioned above, the immigrant intent issue goes away if the interview is done outside the US at a consulate.

It is also avoided with people who first met their spouse in the US after entering with the F1, and the evidence and timeline of events supports that fact. But obviously this option is not available to you.