adjustment of F1 wife of USC

kostyan

Registered Users (C)
Hello,
I'm USC in a process of adjusting my F1 wife (I-130&I-485 sent together).
She entered US 1.5 years ago for the first time, then had a short trip out about 7 months ago, we married about 3 mnths ago
And we knew each other since 2005

Question:
Is it likely that her entry as F1 will be examined as entry with immigration intent?
 
As Thomas mentioned, as long as at the time of entry you were not married. I entered the US as F1 and later down the road adjusted status and it happens very frequently so don't worry. The only ones who have problems are those who enter with J visas with 2- year rule or those who entered with a visa-waiver program. The latter must go through waivers and other hoops.
 
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Hello,
I'm USC in a process of adjusting my F1 wife (I-130&I-485 sent together).
She entered US 1.5 years ago for the first time, then had a short trip out about 7 months ago, we married about 3 mnths ago
And we knew each other since 2005

Question:
Is it likely that her entry as F1 will be examined as entry with immigration intent?


Did your wife ever attend college and still attending? If she never attended college, then it will be a show during the interview. How long were you guys on this trip? Also, did she move in with your the day she came from the airport?
 
She has been attending college since Sep 2008, still attending.
She's been on a trip alone.
Unfortunately freaking lawyer did not warn us about any consequences of a trip (we had a $100 consultation with a lawyer before trip)
She moved in to live with me 2 weeks before trip. I hope it does not imply immigration intent, since decision to live together does not mean intention to stay in a country forever.
 
She has been attending college since Sep 2008, still attending.
She's been on a trip alone.
Unfortunately freaking lawyer did not warn us about any consequences of a trip (we had a $100 consultation with a lawyer before trip)
She moved in to live with me 2 weeks before trip. I hope it does not imply immigration intent, since decision to live together does not mean intention to stay in a country forever.


K,

I am trying to figure out about what is the problem with the trip that she took...? How long was her trip? $100 consultation fee can't cover all important issues dude...LOL!! If she moved in with you two weeks before the trip, good for you as you had many good nights..no more cold sheets.... The problem could be arise on how did you two meet during the AOS interview. I think knowing each other for over 2 years is good, but can raise red flag that she had intention to remain in the US forever in love with you, but used her F1 status to gain entry and remain in love with you here, which will ultimately give her a greencard. How long have you been married now as of today? Did you file for any paperwork? Living together under the same roof will favor you two, but you need other forms of evidence...sex tapes NOT allowed, but utility bills, bank accounts, car/health/life insurance, pictures, copies of birth certificate/your natualization or passport page, and many other good stuff...
 
Al Southner, see my very first message, I guess it answers your questions. We'll have the AOS interview soon so I want to be prepared for potential questions.
 
Yes, her entry as an F1 will raise suspicions to USCIS. There's no way around it, hope that your interview is on a Monday, the IO was drunk over the weekend, and is in a good mood to gloss over this issue. I think her moving in with your before the trip could create issues. The key question which both must answer is this: when did you guys make a decision to get married? Also, when did you meet and where, the IOs are generally interested in this issue. Are you guys from the same country?
 
Worst case scenario is that you apply, go through the fire together and see if the GC is approved. The issue for me is, why was it necessary for you to apply for her GC, couldn't you wait till she graduate? Generally, people are usually graduating and it dimishes the chances of USCIS throwing fireballs at them. I mean, you both live together, she can travel in and out of the country, so there's no need to complicate issues with immigration. I think the fact that both of you are from the same country would create another issue, intent on her question will be raised. It is possible USCIS would care less about her case and just approve it, so it is a gamble that each person take. I am usually extra cautious with USCIS, because they exert so much power over the lives of many people, rubbing them the wrong way could keep have your nuts pierced with a spear... lol!!! You can undo the done, you are awaiting the interview and prepare the evidence of your marriage, joint documentation, pictures and all those good stuff. The issue is you have know each other since 2005, just married last year I suppose, how do you overcome the suspicion that her procuring F1 was a precursor to a marriage to you without having to file paperwork through the consulate? I mean, didn't you know in 2005 that you want her every night for the rest of your life? You have to think like an immigration officer as well, not as a petitioner because you are blinded by the desire to gain her a GC. Go ahead and face USCIS, but be prepared for a showdown...lol!!!
 
They did not go into details of the last entry at the interview. Maybe we were lucky, or maybe it's not important.
 
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