Marriage to US Citizen

S

samboi

Registered Users (C)
hello,

I am currently on F-1 visa expiring August 20th and I have my OPT starting on August 18th 2008. I am planning to get married to my US Citizen girlfriend of 2 years After I graduate in August. Although the exact date of the wedding has not been decided, I want to learn more about how to get my GC processing done or AOS from student visa F-1 to an immigrant status. Can someone please enlighten me on the process? I tried searching through the forum but got confused with all the jargon and terms.

Thanks in advance

Oh yes I plan on talking to an immigration attorney too in the future...but I greatly value your advice. Tks
 
Once you get married, you are eligible to adjust status. File for your family based GC petition, EAD, 485. You will no longer be on F1 status once that happens and will be a parolee. You will get temporary GC in 6-12 months and restrictions will be removed after 2 years of being in the marriage.
 
Applying right away after marriage

samboi said:
hello,

I am currently on F-1 visa expiring August 20th and I have my OPT starting on August 18th 2008. I am planning to get married to my US Citizen girlfriend of 2 years After I graduate in August. Although the exact date of the wedding has not been decided, I want to learn more about how to get my GC processing done or AOS from student visa F-1 to an immigrant status. Can someone please enlighten me on the process? I tried searching through the forum but got confused with all the jargon and terms.

Thanks in advance

Oh yes I plan on talking to an immigration attorney too in the future...but I greatly value your advice. Tks
Click to expand...

If your future wife applies for your GC right away....I mean right after you 2 get married. This could raise some flags and USCIS could go deeper at the time of the interview if the intent of your marriage was to get a GC or if it was a genuine case. I would suggest that you 2 get engaged in a formal way now. This way you can buy some extra time to prove that you've known your future wife for few months before you guys tie the knots.
 
It seems the OP has known the US citizen GF for 2 years. As long as the OP is not a fresh F-1 student to the US, he should be fine as far as intent is concerned.


Atlanta_Brother said:
If your future wife applies for your GC right away....I mean right after you 2 get married. This could raise some flags and USCIS could go deeper at the time of the interview if the intent of your marriage was to get a GC or if it was a genuine case. I would suggest that you 2 get engaged in a formal way now. This way you can buy some extra time to prove that you've known your future wife for few months before you guys tie the knots.
Click to expand...
 
Triple Citizen said:
It seems the OP has known the US citizen GF for 2 years. As long as the OP is not a fresh F-1 student to the US, he should be fine as far as intent is concerned.
Click to expand...

F1 students should overcome the burden of immigrant intent everytime they enter US at the POE. So, to add as long as it has been more than 90 days since you last entered US on F1 visa, I think OP should be fine. Correct me if I am wrong.
 
You are correct.

txh1b said:
F1 students should overcome the burden of immigrant intent everytime they enter US at the POE. So, to add as long as it has been more than 90 days since you last entered US on F1 visa, I think OP should be fine. Correct me if I am wrong.
Click to expand...
 
What was your US status when you left in December?
What status did you re-enter the US with?
How long have you known your spouse?
Were you both engaged when you returned from your december trip?

BMORE HOPEFUL said:
Triple citizen, I am in the process of doing my AOS right now- however- i travelled overseas at christmas time but then got married on valentines day!
Is this going to be a problem according to what you guys just discussed.
Click to expand...
 
What was your US status when you left in December?
F1 OPT- i travel evry year as my stamps would show.
What status did you re-enter the US with?
same.
How long have you known your spouse?
1 year
Were you both engaged when you returned from your december trip?
yes


oh no! now i am scared!! is this 30-90 rule set in stone?? i have never been out of status or anything of the sort.
 
The 30-90 day rule is not a set in stone rule but a good to have rule to prove that you did not have "intent" to immigrate when you entered on a non-immigrant visa like F1/B1 and the likes.

Once the 90 days pass, the intent can change magically as per USCIS :)

I don't think you are all messed up but need to prove that somehow if RFE comes through.
 
No need to panic, it is not all doom and gloom for you. This 30-60-90 rule does not even exist as far as USCIS is concerned. What were you asked at the POE when you last entered? Since your I-485 is already in the works, no point fretting over it. Just be prepared to answer questions at your AOS interview. The adjudicating officer may ask you about when you decided to get married and who picked the date, etc. You have known your spouse for over 1 year. In this 1 year, was this your only trip out of the US?

BMORE HOPEFUL said:
oh no! now i am scared!! is this 30-90 rule set in stone??
Click to expand...
 
txhb1 and Triple citzen thanks!

yes- i travelled both in november and again in december into january.
In my 4-5 years of being F1 i have always returned home twice a year :).
Maybe it would help in the interview to present emails from my employers dated from last year - they show us getting everything prepared for my H1 B filing (which we are no longer doing since i decided to do my own AOS)...i think i even have a copy of that labor document- where my job description and salary etc are documented to be hung in the office for 10 days per H1B rules.
I was lucky to graduate and accept an offer where they wanted to keep me!
Could they send me an RFE for this information from now?
 
30-60-90 day rule

Hello Triple Citizen,

You mentioned that he 30-60-90 day rule does NOT even exist as per the USCIS. Where does this rule come from? How strictly do the IOs adhere to this?
 
gautash said:
Hello Triple Citizen,

You mentioned that he 30-60-90 day rule does NOT even exist as per the USCIS. Where does this rule come from? How strictly do the IOs adhere to this?
Click to expand...

It is a requirement that USCIS and lawyers have been following to overcome the immigrant intent for a long time.
 
Please do not call it a requirement. That is totally incorrect. It is at best a yardstick to gauge risk of being accused of misrepresentation by USCIS and this yardstick exists only amongst applicants and their hired lawyers. There is no regulation as far as USCIS is concerned.

txh1b said:
It is a requirement that USCIS and lawyers have been following to overcome the immigrant intent for a long time.
Click to expand...
 
You must log in or register to reply here.
Top