f1 married to usc

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scott69

Registered Users (C)
i recently married my wife which is here on a student visa. shen never attended the school that she wass accepted for. do you think we will have a problem adjusting her status?
 
no problem, as long as she has the passport with the visa she entered with and I-94 card. Also, make sure she doesn't leave the States before she gets a GC.
 
thanks for the encouragement. but i have been told that since she never attended school that it might be considered that fraud. maybe the adjudicator will think her intentions were to immigrate here? she has been here 2 years and we have been 1 year. do you know anyone that has had similiar experiences?
 
What she did when she got here?

scott69 said:
thanks for the encouragement. but i have been told that since she never attended school that it might be considered that fraud. maybe the adjudicator will think her intentions were to immigrate here? she has been here 2 years and we have been 1 year. do you know anyone that has had similiar experiences?
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Scott,:cool:

When she was issued a visa for school, upon arriving in the US, what did she do? This is really going to be of interest to USCIS, because it is one thing to be married while you are attending school, but it is another to be married on an F1 which became invalid within the 1st 6 months of her arrival, because if you don't attend school, it becomes null and void. :eek: Hence, if ICE do raids and you are caught, you are going to be deported for violating the conditions of your visa issuance.:rolleyes:

In my view, it is fraud and USCIS will have to make its own determination on how they handle this case. :eek: I am interested in what she did when she got here, because this is going to have a bearing on the adjudication of your case.;) Of course, visa "overstays" are forgiven by virtue of married to a USC, but your case is simple, but it has a potential to be complex, especially if USCIS classify it as visa fraud...:(
 
Her mother which lived in her home country was her sponsor. when she arrived to the US she had a month before starting to school. during that time her mother fail ill and wasnt financially able to support her. my wife has a sister that lives here that had just graduated college and was in the process of finding a job. she was going to help her as soon as she got a job. by the time all that came thru it was too late for her to start school. she tried to go to another college but of coarse was denied. she has attended a small college taking an english class.

Do you think our situation will be tough?
if she is denied her AOS, what should we do next? Waiver? Appeal?
 
I would advise her to consult a competent immigration lawyer for this one. This has the potential to turn sour.
 
we have hired an attorney, he says, this will be no problem. if there is a problem just file a waiver. he acts like it is going to be so simple, but i do not know if he really knows or not.

what is the waiver process and how effective is it?
 
I don't know about the waiver, but she may be able to prove that she couldn't go to school because of circumstances beyond her control, and that these circumstances arose after she had entered the US.
 
im in the same situation

i came to the us as a f1 student visa holder my first semester were paid for but the problem is that my sponsor let me down so i didnt attend the college i got married to my usc wife 8 months later i applied for the i485 i765 i130 i got approved on the work permit the advance parole and the i130 i had my interview last week and the immigration officer wont approve my green card she said that i commit a fraud since i didnt attend the college she gave me a name of a lawyer that she knows very well and she wants me to file for a waiver . my lawyer is trying to show the immigration officer that i came to the us to study and that i wasnt coming here to immigrate
 
pacousi25 said:
why is no body answering my question i need help please
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Just file the waiver as indicated by the officer, because you rather do what the IO said...... :eek: People in this forum offer very good advise, and at times, it is impossible for them to give you a better advise than what is indicated by USCIS....:eek:

For example, when I went for AOS interview, the IO indicated that before my wife and I came, she interviewed a couple who weren't forthcoming. Apparently, the husband wasn't truthful due to run-ins with the law, so she told them she will send them a letter on her decision. She told us she was going to deny their case, but the wife since she was a USC, she can file a waiver and get the case reviewed and approved. However, she was frustrated with the husband's lack of "truthiness" :)

Just file the waiver and see what happens...because some IO are rookies and play tough to impress themselves....:eek:
 
i wanna prove to the io that i really came here to study but for some circumstances i couldnt make it to the college
 
pacousi25 said:
i wanna prove to the io that i really came here to study but for some circumstances i couldnt make it to the college
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You will need the financial records of her sponsor which reflect his or her financial capability at the time she was moving to the US. For example, let us assume that her studies were going to be $35,000 inclusive of living costs.

So, we assume that her sponsor's net worth was $240,000.00, plus an annual income of about $45,000. However, due to some bad financial investment on the sponsor's part, he or she lost about $165,000.00. and projected annual income fell to $17000.00. In this case, the sponsor financial records can be reviewed by USCIS and she can also provide a letter of commitment to fund her which was submitted to her school. In addition, she can file a Freedom of Information Request of her visa application, which will include her financial ability to pay for her studies in the US, which will include the sponsor's finacial records. This is where you need to start collecting the necessary documentation to prove to USCIS that your wife's intent was to be a student, not a wife to you......:eek: I am using a hypothetical situation....

Is she currently attending school or not? If she is, then this could vindicate her and soften the rhetoric that she came her with other motives. Are you guys from the same country by a coincidence?:confused:

USCIS can at least, see the impact the sponsor's financial situation had on her ability to study. However, USCIS might question why she remained in the US when she realised that she couldn't afford her studies?:rolleyes: Man... I just wish you luck....:(
 
no i never attended the school i already paid for the first semester and before i go to school i called my sponsor witch it was my aunt and she couldnt send me money to go to college becoz her husband tald her he will divorce her if she send me the money i called the college and asked them to give me 1 month till i save some money but they wanted me to be in school in time so i couldnt make it im from morocco my wife is usc i met her in the us
 
and by the way the io didnt deny my i485 she gave me 12 weeks to filefor the waiver and she gave me a name of a lawyer that she knows very well he wants me to pay him 6000 dollars
 
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