Entering the U.S on student visa then filing AOS

P

procrastinator

New Member
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.
Thanks

P.S - I know a lot of people enter on visitor's visa then even overstay and file for AOS and have no problems. So is my case similar?
 
Not really because your case would show a definite intent to immigrate.

I would seriously advise you against it.

Either file before she comes to the US or she should start her studies and then file after a few months.
 
procrastinator said:
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.
Thanks

P.S - I know a lot of people enter on visitor's visa then even overstay and file for AOS and have no problems. So is my case similar?
Click to expand...

She would have been better off coming over here on a tourist visa!
 
procrastinator said:
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.
Click to expand...
Immigrant intent is one thing, and that can be mitigated; but if she enters with a student visa and then doesn't go to school, that could be construed as immigration fraud. Make sure she is attending school under the terms of the student visa before filing for her green card. And make sure she keeps studying, at least for one full semester, while the green card is pending.

Your other problem is that she may be refused entry if they know she is married to a US citizen.
 
procrastinator said:
I am a U.S citizen. Just got married. Before marriage, my wife applied for student visa and got it. Now if she enters U.S on that student visa and instead of enrolling her in the university for her course, can I file for her greencard? I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money. So I want to know if there is any problem in doing this.
Thanks

P.S - I know a lot of people enter on visitor's visa then even overstay and file for AOS and have no problems. So is my case similar?
Click to expand...

similar in a way, and not similar in the important way. For example, I came on a B-2 visa and got married here after 2 weeks, i.e. marriage certificate was dated 2 weeks after my entry to US. But it would have been a whole different story had I already been married and then came in with the same B-2 visa and send my AOS application with an I-94 stamped with a date later than the marriage certificate date. You see why it's not similar to what you are planning to do? Immigration fraud is fairly easy identified in your case just with the dates on AOS application.
 
Do the right thing. She obviously has no intentions right now to come and study as a student. File an I-130 for her and go the CP route.

procrastinator said:
P.S - I know a lot of people enter on visitor's visa then even overstay and file for AOS and have no problems. So is my case similar?
Click to expand...
 
Triple Citizen said:
Do the right thing. She obviously has no intentions right now to come and study as a student. File an I-130 for her and go the CP route.
Click to expand...
It seems like she wants to study, but she doesn't want to pay the in-state tuition rate. However, becoming eligible for the in-state rate would normally require 1 year of residence in the state, excluding time spent in a student visa status.
 
procrastinator said:
I want to do this so that she can stay for a few months and then start her course so that she pays the in-state resident tuition and we save lot of money.
Click to expand...
Is "a few months" enough for her to be eligible to pay the in-state tuition rate in your state? The usual requirement for most states is one year.
 
In NYC, the residence requirement is 1 year (you can use your utility bills to qualify) and a receipt of pending I-485.
 
Triple Citizen said:
Ofcourse. Each state is free to pick whatever criteria for qualification :)
Click to expand...
Well, I was referring to banano1842's state (whatever it is) ... banano said the in-state rate was obtained with the use of a green card, but didn't say that a green card was the only option for noncitizens. My bet is that they also would have accepted an I-485 receipt.
 
You must log in or register to reply here.
Top