F1, AOS, Marriage to US Citizen

FCBarca said:
I haven't filed yet so it seems that worst case scenario would be to simply eat the rate increase and file once we return.
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if she is allowed back into the US on her F-1 visa, you should wait for 90 days before filing for AOS.
 
30-60-90 rule

Suppose someone enters on a Non-Immigrant visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
 
Is there an exception to this rule (30-60-90)?...For instance, she's been coming back and forth on her F1 visa from Switzerland for over 2 years now...Would it still apply since it isn't as if this is her first entry into the country under the F1?

As it is, we went to the InfoPass this morning (Helpful, by the way, if anyone is interested in utilizing the service...I recommend getting there 15-20 minutes BEFORE your appt time)...They confirmed what many of you have pointed out and the immigration office herself said it would be better to take the vacation and apply when we get back.
 
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It does not matter if she has used the visa a hundred times, every time she enters she does so with non-immigrant intent. If she enters this time using the F-1 it should not be different...

So wait at least 60 to 90 days after returning to the US before filing for AOS... :cool:
 
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FCBarca said:
Is there an exception to this rule (30-60-90)?...For instance, she's been coming back and forth on her F1 visa from Switzerland for over 2 years now...Would it still apply since it isn't as if this is her first entry into the country under the F1?
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Every entry made under a non-immigrant visa (with the exceptions of H, K, L and V) must be made with the intention that this current visit to the US will be temporary. It doesn't matter if you've entered 999 times before on a temporary basis, the thousandth time must have the same intent as the first.

Out of curiosity, have you ever travelled back to the US together before?
 
TheRealCanadian said:
Every entry made under a non-immigrant visa (with the exceptions of H, K, L and V) must be made with the intention that this current visit to the US will be temporary. It doesn't matter if you've entered 999 times before on a temporary basis, the thousandth time must have the same intent as the first.

Out of curiosity, have you ever travelled back to the US together before?
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I see the point (As aburd as I may find it).

Yes, we have travelled back to the US together, from Switzerland, several times in the last 2 years...Although a few of those times, our returns were not together (Whereas the outbounds were together, I work so my vacations are limited whereas she operates on a school schedule and can stay longer...This time, as well, we'll be leaving together for Switzerland but returning 2 weeks apart).
 
TheRealCanadian said:
Every entry made under a non-immigrant visa (with the exceptions of H, K, L and V) must be made with the intention that this current visit to the US will be temporary. It doesn't matter if you've entered 999 times before on a temporary basis, the thousandth time must have the same intent as the first.

Out of curiosity, have you ever travelled back to the US together before?
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I see the point (As aburd as I may find it).

Yes, we have travelled back to the US together, from Switzerland, several times in the last 2 years...Although a few of those times, our returns were not together (Whereas the outbounds were together, I work so my vacations are limited whereas she operates on a school schedule and can stay longer...This time, as well, we'll be leaving together for Switzerland but returning 2 weeks apart).

One other thing I wondered, if we do have to wait 90 days to apply for AOS, we'd need to get the I-131 as well, right?
 
Answers/comments in bold.

FCBarca said:
I see the point (As aburd as I may find it). Oh, it is not absurd at all my friend. Non-immigrant visas, such as your wife's F1 student visa, are not meant for her to stay in the US indefinitely. Yes, it is kind of funny that her "allowed visit stay" in this case for study purposes, is for the duration of her status, meaning for as long as she is studying... she is legal, once she graduates and if she does not file for OPT, then she must leave the country... her "visit" is over.

Yes, we have travelled back to the US together, from Switzerland, several times in the last 2 years...Although a few of those times, our returns were not together (Whereas the outbounds were together, I work so my vacations are limited whereas she operates on a school schedule and can stay longer...This time, as well, we'll be leaving together for Switzerland but returning 2 weeks apart). I do not like this... her coming by herself this, when asked what is she coming to do... she will say "study" and be given non immigrant entry... but she has the intent to stay and become an immigrant. If she says, I am coming to adjust status based on my marriage with an USC, she is likely to be sent back. But if asked, she should not lie. Too many loose ends for me.

One other thing I wondered, if we do have to wait 90 days to apply for AOS, we'd need to get the I-131 as well, right? Regardless of how long you wait. Once you file for AOS (I-485) for her, her F-1 visa is null. She can not re-enter the US using it, because she has already shown immigrant intent (by filing for AOS). The ONLY way she can leave the US and return is by in fact, using an Advance Parole document. Form I-131.
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PraetorianXI said:
Answers/comments in bold.
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I say it's an absurd set of circumstances of semantics in terms of immigration law for a simple reason...She's been here studying without intent to immigrate...Since she's now married to me after a chance meeting etc., she's entitled to immigrate but the process isn't set up to be logical (INS & logic, I suppose they weren't intended to go together)...She can apply and do all the necessary paperwork but can't leave?...How is that not absurd?...Can't go on a vacation?...It's simply my reaction to this process, I intend to do what is necessary but it doesn't change the illogical process.

Moreover, she's Swiss and can visit back and forth without a problem so why should her application process prevent that?

Anyway, different topic altogether.

As for what she says when she comes back from Suisse, simple...She says the truth, she's coming back to study...She has 2 years more of schooling.
 
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FCBarca said:
Since she's now married to me after a chance meeting etc., she's entitled to immigrate
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sorry, but what's with the sense of entitlement? GC is a privilege, not entitlement. If she had TB or HIV or if she were a Nazi or a prostitute, then it wouldn't matter how much you think she is entitled to get a GC by being married to you - it would be extremely difficult if not impossible for her to immigrate.

Now, when you are born in the US, you are entitled to have a US citizenship.
 
lucy mo please reply to my question

i post a question that if i could make infopass for my interview to be held before june 2008 please reply went to interview on feb 2007 second interview is june 2008
 
lucy mo can i make infopass appointment for my june 2008 interview to be earlier than june 2008 first interview was feb 2007 second one is june 2008 please read my post
 
you can make an infopass appointment and ask for your June 2008 interview to be rescheduled, but I cannot tell you what the immigration officer's decision will be.
 
PraetorianXI said:
Answers/comments in bold.
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LucyMO said:
sorry, but what's with the sense of entitlement? GC is a privilege, not entitlement. If she had TB or HIV or if she were a Nazi or a prostitute, then it wouldn't matter how much you think she is entitled to get a GC by being married to you - it would be extremely difficult if not impossible for her to immigrate.

Now, when you are born in the US, you are entitled to have a US citizenship.
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The absurdity of the bureacracy of the process...Individuals can gain residency in a marriage to a citizen...That's a simple fact, if genuine...The process, however, makes for a lot of pointless parameters...If they allow you to file I-485 & I-130 then why make it so difficult to go anywhere during the process?...The process can be lengthy and as a consequence, no one can go anywhere?...It's crazy.

We're not talking about asylum seekers, illegal immigrants or fraud...We're talking about a student genuinely here to continue to study, married to an American...Should be a simple process and the paperwork is understandable...But the details of how we have difficulty with entering and re-entering as a result of the process is absurd, IMHO....What difference should it make?
 
The process can be lengthy and as a consequence, no one can go anywhere?...
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well, that's just silly. That's what the advance parole is for, if she didn't accumulate over 180 days of illegal presence, of course.

it is a simple process (if you don't get stuck in a security check) and the paperwork is not awfully complex.

She would have difficulty leaving and reentering because there are laws in effect that prevent a person with a non-immigrant visa from coming to the States with immigrant intent.
 
FCBarca, you probably need to see how difficult the immigration process is for other (legal) immigrants, then you will see that your wife has it actually fairly easy as a spouse of a US citizen.

For example, some who are working here in the US are looking at multi-year wait just to be able to file their GC applications. Others, who have already applied for their GC or received a GC, and subsequently got married to a foreign spouse, in some cases have to wait 5 or more years before their spouse can even come here to live with them. Some more distant family members are waiting 20 years to come here.

The few requirements placed on an immediate family applicant of a US citizen spouse pale in comparison!
 
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