Am I in Trouble with my I-485???

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BobJoeBob

Registered Users (C)
I am an F-1 student, who married a U.S. citizen, left the country, returned unquestioned at the border using my F-1 visa, and now decided to apply for AOS. Will my entering the country on a non-immigrant visa, even though I was married to a U.S. citizen, be a problem during the processing of my I-485? How can I prove that my intent to begin the immigration proceedings is recent and I did not really mislead them last time I entered the U.S.? Does that even matter? I'm kind of nervous about this - though not sure how much I can do. Just want to be prepared. Please help. Also if you know of similar cases, in which this was or was not a problem, please let me know!!!
Thanks!
 
As long as you didn't have an I-485 pending I think you're fine. I entered on a TN, a non-immigrant status, having been married to an American for a couple of years and my case was just approved. They didn't even question me on this. When I entered I actually didn't have intent to stay, but later on my wife and I decided to. I don't know if the 8 month gap between when I got my TN and when I applied caused them not to question me, though.

Did you apply immediately after re-entering on your F1?
 
Thanks for your quick reply! Actually the application will be put in just two weeks after re-entering on the F1. However, we have been married for eight months, and I have travelled between my home country and the U.S. twice on the F1. I really did not intend to stay, but we only just within the last week decided to stay here for professional reasons (we are both getting phds) after attending an academic conference last week (learning a lot about differential quality between U.S. and european schools). Is it better or worse that I have re-entered twice since marriage on the F1??
 
BobJoeBob said:
Thanks for your quick reply! Actually the application will be put in just two weeks after re-entering on the F1. However, we have been married for eight months, and I have travelled between my home country and the U.S. twice on the F1. I really did not intend to stay, but we only just within the last week decided to stay here for professional reasons (we are both getting phds) after attending an academic conference last week (learning a lot about differential quality between U.S. and european schools). Is it better or worse that I have re-entered twice since marriage on the F1??
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If you just re-entered 2 wks ago, and you were to submit your I-485, that could pose as a problem. I think there was a time frame, 6 months I think. I know, for example, if you re-enter using F-1 on 1/1/07, and you file for AOS on 1/15/07, you could run into problems. It's all about the intent. Even though there is no proof that you intent to file for AOS when you re-entered with F-1, there is no proof to suggest otherwise either. So it's more of a gray area. Search USCIS website or ask a AILA-member lawyer.
 
BobJoeBob said:
Thanks for your quick reply! Actually the application will be put in just two weeks after re-entering on the F1.
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Entering on an F1 being married to a US citizen is not a problem. Immediately filing an I-485 after entering on an F1 probably will be.

I wouldn't file that petition for 60 to 90 days after your last entry at a minimum.
 
Thanks for the replies, it seems you are spot on. We called an immigration lawyer just now who told us that frequently they presume fraud when an I-485 is filed within 60 days of entry on an F-1. Of course, this is one lawyer's advice but he seemed knowledgeable.
 
ohoh....I could be in trouble too than. :(

I got married to USC in March 2006 because we are planning for another wedding in my home town in the summer of 2006 and I didnt' think I will need GC because I will be still in the program for at least another 2 years, in addition, didnt' want to miss the interview while we are out of the US. So I used F-1 in and out of the country during summer of 2006.
I came back to the country in early August by using F-1 and realize I want to stop going to school for a while to be with my husband. So I send out the I-485 in the late August.

Am I in trouble? :( so far I had fingerprint done only, have been waiting for the interview letter ever since.

help!!! :(
 
it could be a problem if it's your initial entry on a non-immigrant visa. If you have already been in the States in a non-immigrant status, like F-1 or J-1, and applied for AOS after your subsequent entrances, you should not have any problems.
 
cindywang16 said:
ohoh....I could be in trouble too than. :(

I got married to USC in March 2006 because we are planning for another wedding in my home town in the summer of 2006 and I didnt' think I will need GC because I will be still in the program for at least another 2 years, in addition, didnt' want to miss the interview while we are out of the US. So I used F-1 in and out of the country during summer of 2006.
I came back to the country in early August by using F-1 and realize I want to stop going to school for a while to be with my husband. So I send out the I-485 in the late August.

Am I in trouble? :( so far I had fingerprint done only, have been waiting for the interview letter ever since.

help!!! :(
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Hi:

Your case will likely start off with a presumption that you entered with immigrant intent. You will have to prove that you changed your mind after entry. Again, these cases are very fact-specific. The fact that it was a subsequent entry on F1 could make a difference, as will many other factors.
Some officers really do not pay too much attention to this stuff sometimes, while others are more thorough.

I trust you have a competent professional in your area helping you "manage" your application.
 
BobJoeBob said:
Thanks for the replies, it seems you are spot on. We called an immigration lawyer just now who told us that frequently they presume fraud when an I-485 is filed within 60 days of entry on an F-1. Of course, this is one lawyer's advice but he seemed knowledgeable.
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Hi:

"60 days" is considered a good rule of thumb. However, as I am sure your attorney told you, there is no real numerical limit. It is up to you to prove that you did not have immigrant intent at the time of entry.

You seem to have a competent attorney handling your case ---- follow his advice.
 
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