US Citizen married to F1 Student Questions

[DCLXVI]

Hello -

This year, I got married to my long time best friend/girlfriend whom is an F1 student visa. She originally came here on a J1 and decided after her year that she would like to return on an F1 student visa. Her intent at the time was to come here, get her education, and go back to her home country. We met during her first year as a J1 and we became very close friends. When she returned home after her program was done, she discussed her desire to come back to study. I assisted her by sponsoring her and supporting her while she went to school. Of course, over time we grew closer and became a couple and 5 years later I proposed and now we are married.

I am currently in the process of completing the I-130 & I-485, I was curious though if my sponsorship of her in the beginning while she was an F1 student would pose any issues. About 2 years ago, I had some financial issues and my father assisted and sponsored her so he is now her current sponsor. Just curious how this may complicate the process. Again, original intent was non-immigration and has been throughout the past few years. We married because we are in love and nothing more. She still has plans to finish school which is in about 6 months.

Your help is appreciated.

 

[Jackolantern]

What do you mean you sponsored her? Did you pledge your assets or income as her proof of being able to pay the tuition, as is required for the student visa?

Was her J1 visa subject to the 2-year home residence requirement? If yes, she'll need to get it waived or spend the 2 years back home before she can get a green card.

 

[DCLXVI]

What do you mean you sponsored her? Did you pledge your assets or income as her proof of being able to pay the tuition, as is required for the student visa?

Was her J1 visa subject to the 2-year home residence requirement? If yes, she'll need to get it waived or spend the 2 years back home before she can get a green card.

Yes, I sponsored her by pledging my assets/income as her proof of being able to pay her tuition which as required for the F1 visa.

Her J1 visa was not subject to the 2 year home residency requirement. She got her J1 in 2007 which expired in 08. She then returned as an F1 6 months after.

 

[Jackolantern]

You should be OK. The potential hurdles were:

1. Not mentioning fiance on the student visa application
2. J1 2-year rule
3. Entering with a student visa and then not attending school

You married years after she got the visa, so #1 should not be an issue. You also pledged financial support pursuant to the visa application, so you didn't entirely hide the relationship either (however I'm surprised that they approved the visa based on the financials of an nonfamily individual who isn't funding a scholarship foundation).

You mentioned that she doesn't have the restriction of #2.

And for #3, you say she's been attending school all along and is close to graduation so that won't be a problem (but make sure she brings a transcript or diploma to the interview, just in case the interviewer wants proof of her studies).