F1 to Green Card question - In problem now Urgent response please !!

[lovelylady]

Hi All,

Here is my situation:

Current visa status: F1 - OPT extension for Stem

H1 status : Application pending with USCIS via a desi consulting company.

There is a RFE on my application , which may get eventually clear after 2-3 months.

I am engaged to a GC holder.

Being on F1, I decided not get married to a GC holder and

postponed my marriage for the day I will be on H1 ( to be safe for GC process )


My fiance is about 9 months away to be eligible to file for Citizenship.

My F1 OPT is ending in Dec 2012 and there after I have 60 days to leave US if my H1 is not approved.

If my H1 is approved " No problem at all" . Things will be pretty smooth.

In the meanwhile ( from now to Dec 2012) my finace is constantly

nagging me to apply for a PhD program so that I maintain F1 status and stay

in the US "IN CASE MY H1 IS NOT APPROVED" till

the day he gets US citizenship. We then plan to get married and file for my GC.



Problem:

I really do not want to join or do a PhD., despite that I tried to fill in

some applications to a couple of Universities with or without funding.

Now, as F1 student, the schools are asking me to give Affidavit of Support.

My parents are really old and my siblings are not interested in giving me one and suggested that

I should go back to India, have my GC processed and come back later ( safest and longest route )

My fiance volunteered to give an Affidavit of Support. He may sign and give the financial statement to School.


Here is my question:

1. The school application is asking my relationship with the sponsor.

I see an item in the list as "significant other"

Once I mark this, do I declare immigrant intent on F1 ?

Will this be questioned and scrutinized further in my interviews etc., in the GC process ?


2. Can my GC be denied because of this if I happen to follow the PhD admission route to immigrate.


Your suggestions, opinions and assessment is very welcome. I am applying in a couple of days !!


Thank you very much ..

 

[ananga73]

Young woman, I suggest you go back to India and spend some quality time with your aging parents while your fiance acquires citizenship and then files for you. Life is short, you may not have them around forever. That is just my suggestion.

Now to answer your questions:

By checking "Significant Other" you do not necessarily declare immigrant intent. However it will not be out of the ordinary to get your F1 application denied for that reason. A reasonable person [immigration officer] can conclude that you will want to stay in the USA permanently, contrary to the intent of the F1 visa.

No your green card cannot be denied if you should follow the Ph D and subsequently have your fiance file the green card petition. They cannot determine that you had immigration intent when you applied for the PhD because your marriage to a citizen and subsequent filing of the green card petition will take place about six or more months after the F1 application which is a reasonable time in which one could have fallen in love and decided to permanently live in the US. If the duration were very shortly after you applied for F1, then they possibly could have used the concept of prior intent to deny you.

See below

http://www.arctec.com/marriage-in-usa.html

Cheers!

Hi All,




Problem:

I really do not want to join or do a PhD., despite that I tried to fill in

some applications to a couple of Universities with or without funding.

Now, as F1 student, the schools are asking me to give Affidavit of Support.

My parents are really old and my siblings are not interested in giving me one and suggested that

I should go back to India, have my GC processed and come back later ( safest and longest route )

My fiance volunteered to give an Affidavit of Support. He may sign and give the financial statement to School.


Here is my question:

1. The school application is asking my relationship with the sponsor.

I see an item in the list as "significant other"

Once I mark this, do I declare immigrant intent on F1 ?

Will this be questioned and scrutinized further in my interviews etc., in the GC process ?


2. Can my GC be denied because of this if I happen to follow the PhD admission route to immigrate.


Your suggestions, opinions and assessment is very welcome. I am applying in a couple of days !!


Thank you very much ..

 

[lovelylady]

Hi ananga73,

Thank you very much for the quick response.

Here is my decision and seems rational:

I will apply for Phd programs to a couple of universities,

show the savings and other amount I have in bank as borrowed from friend.

( My finace has loaned it for bank statement to Univ )

I will say that the course work is self sponsored and request funding for research.

This means I-134 is signed by me.

I will not bring my fiance's name in the picture.

The university may or may not offer the admission. At least I tried my best !!


Btw, my fiance is very insecure about sending me to India to my parents for obvious reasons

and hence the constant nagging to apply for schools !!

If my H1 appplication is denied

AND

I do not secure a Phd., admission, I will have to LEAVE without any other choice ..