F-1 AOS married outside of US

[miniminyu]

Hello everyone,

I am a US citizen and my spouse is a Korean citizen. My spouse is coming to the US on August 21 with a F-1 visa. We got married one month ago on June 27th in Canada. We are returning to the US together on August 21st and I am going to be applying to medical school while he attends his masters program. Now I want to sponsor him for a Green Card so that we can live and work together while I am in medical school. However, he is entering the US with a student visa so we're worried that our application will be seen as marriage fraud if we apply for a Green Card right away.

What is our best choice if we would like for him to obtain a Green Card as soon as possible? Should we wait 60-90 days before applying? Do we have to make him leave the US and then apply for a spouse visa? We would like to be together as much as possible and to get the Green Card as fast as possible so that he can start working legally.I am a US citizen and my spouse is a Korean citizen. My spouse is coming to the US on August 21 with a F-1 visa. We got married one month ago on June 27th in Canada. We are returning to the US together on August 21st and I am going to be applying to medical school while he attends his masters program. Now I want to sponsor him for a Green Card so that we can live and work together while I am in medical school. However, he is entering the US with a student visa so we're worried that our application will be seen as marriage fraud if we apply for a Green Card right away.

What is our best choice if we would like for him to obtain a Green Card as soon as possible? Should we wait 60-90 days before applying? Do we have to make him leave the US and then apply for a spouse visa? We would like to be together as much as possible and to get the Green Card as fast as possible so that he can start working legally.

Thanks for any help!

 

[Jackolantern]

However, he is entering the US with a student visa so we're worried that our application will be seen as marriage fraud if we apply for a Green Card right away.

It might be seen as visa fraud, but probably not marriage fraud.

How long ago was the F-1 visa issued? Has he already used the visa to enter the US and study, or will the entry on August 21 be the first time using the visa?

Were you married when he applied for it, and was the marriage disclosed on the visa application? If not, were you listed on the application as his fiancee?

Why the urgency of him working legally with a green card if he's entering with a student visa, which he's supposed to use to study full-time and had to prove the funds to pay for 1 year of study, and given that the F-1 visa already allows working part-time on campus?

 

[miniminyu]

It might be seen as visa fraud, but probably not marriage fraud.

How long ago was the F-1 visa issued? Has he already used the visa to enter the US and study, or will the entry on August 21 be the first time using the visa?

Were you married when he applied for it, and was the marriage disclosed on the visa application? If not, were you listed on the application as his fiancee?

Why the urgency of him working legally with a green card if he's entering with a student visa, which he's supposed to use to study full-time and had to prove the funds to pay for 1 year of study, and given that the F-1 visa already allows working part-time on campus?

Thanks for the reply!

The f1 visa was issued in May, before we got married. August 21 well be the first entry. When he applied for the visa we did not have plans to marry, it was only after we met my parents in Canada that we felt seriously about marriage and with the blessings of my parents got engaged and married in Canada. We never thought it would turn out so complicated... When he applied for his visa we were not engaged, just bf gf, so I wasn't mentioned anywhere on the application. During the visa interview they barely asked much and passed him.

As for work it's just that he wants to get career experience.