US Citizen married to an F1 student. Q relates to intent.

joanna29 said:
well... thats what I dont understand... if I wanted to get married just only for getting the papers quickly... why I reenter the country under student visa and I am still in school?
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Part of the problem here is that you plan to NOT still be in school through the green card process.

The issue is not about marrying to get papers. There is nothing to suggest your marriage itself isn't bona fide. The issues are: (1) quitting school so soon will make it look like the student visa was a false pretense for the purpose of entering the US to immigrate, instead of for the genuine purpose of studying, and (2) you entered the US with an F-1 visa while having immigrant intent.

but its just I wanted to quit school just after i enter the paperwork to immigration.... since applying for the AOS means that you are quitting your student status....
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Applying for AOS would mean leaving your F-1 status behind, but it doesn't mean you should stop being a student. Given that you started studying in the US such a short time ago, you should keep studying through the AOS process. If you had already been studying in the US for over a year and then you quit, that wouldn't create the appearance of using the F-1 visa pretentiously. But you've been studying with the F-1 for less than 6 months.
 
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When it comes to AOS, they only look at your most recent entry. This time you entered as the spouse of a US citizen and you plan to quit school. They will deny you because of misrepresentation at the POE: You showed the CBP officer a student visa but never told him/her that you were already married to a US citizen. If the CBP officer some how found out that you were married, he/she would have denied you entry because they know you will adjust your status in the future.

However, if you entered the US not married to a US citizen, on a student visa and then got married....then yes, you could quit school and adjust status. USCIS will not care about your academic progress as long as this is a bonafide marriage.

I know a lot of lawyers willfully provide false advice to their clients and deliberately screw up their cases. They know their clients will come back to them with lots of money when they dont get their greencard. Immigration lawyers have everything to gain and nothing to lose.

The penalities for a denied AOS are severe. You can be deported and permanently banned from entering the US again. I strongly urge you to consular process your application for the greencard.
 
Larry572 said:
However, if you entered the US not married to a US citizen, on a student visa and then got married....then yes, you could quit school and adjust status. USCIS will not care about your academic progress as long as this is a bonafide marriage.
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They do care about people using student visas to enter the US without the genuine intention of studying. Quitting school after studying for such a short time is a big red flag.
 
listen it cannot be possible that 5 different lawyers tell me the same thing and not in the same state... if their intention is to get my money.... welll so 8 lawyers very recognized are wrong then.
 
All the lawyers are correct if they said it is legal for you to quit school after filing the AOS. We are not disagreeing with the plain legality of it, we are warning you of the heightened suspicion level in the interview that people face when they do what you're planning to do.

Did you tell all the lawyers the entire background of your situation, how you were engaged to a USC when you entered the first time with the F-1, married when you entered the last time, and have been studying only since January? Did you ask them only about the legality of quitting school, or did you also ask about the potential problems and risks that may arise?

What do you plan to tell the interviewer when they ask why you quit school? If you say it's for money, that looks bad because you're already supposed to have money for the first year. If you didn't really have that money, that means your misrepresented something on your F-1 application.
 
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yes I had told all the laweyers complete everything... in fact I didnt hide nothing at all... I am not saying I dont have the money... my country actually is having problems with the currency and they are not allowing me to get my money to pay the school directly... it takes time to get it. that's why. besides.... My husband and I are youth pastors and when we got married we got to spend part of my money in the cake cutting reception here... plus we bought a condo together... so it doesnt mean that I lied to immigration it means that when i got here things happened and we needed to spend some of the money I had, to stay here. just as a newlywed couple used to start their lives together. I spoke with all the lawyers and they said that my case is not a fraud since I came over here and I am still studying and 4 months after we got married we started to send the I485 and so on. they also said that in case i was working illegally ( I never worked btw) the law forgives me since I married an american citizen. they explained me everything and they say that I can stop school since all the papers were sent to immigration. I did really came over here to study and improve my english. but i think its time for me to stop school. since i am not working and husband has the responsibility by himself to sustain us. so I prefer to save the money while im not working and and not keep paying the school. they knew already when when was my first entrance to USA and my last one; also they know that I married here and and then I married in my country. they know that already have 6 months studying in school and also that I got engaged in my country. at the beggining my husband and me couldnt ask to the engagment visa because i didnt have too many pictures pictures together and not enough support documentations they were asking for. so I needed to study english and i decided to apply for student visa for me.
 
joanna29 said:
yes I had told all the laweyers complete everything... in fact I didnt hide nothing at all... I am not saying I dont have the money... my country actually is having problems with the currency and they are not allowing me to get my money to pay the school directly... it takes time to get it. that's why. besides.... My husband and I are youth pastors and when we got married we got to spend part of my money in the cake cutting reception here... plus we bought a condo together... so it doesnt mean that I lied to immigration it means that when i got here things happened and we needed to spend some of the money I had, to stay here. just as a newlywed couple used to start their lives together. I spoke with all the lawyers and they said that my case is not a fraud since I came over here and I am still studying and 4 months after we got married we started to send the I485 and so on. they also said that in case i was working illegally ( I never worked btw) the law forgives me since I married an american citizen. they explained me everything and they say that I can stop school since all the papers were sent to immigration.
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Which is legally true ... but don't expect the interviewer to believe your story. Put yourself in the seat of the interviewer, who is already trained to view marriage cases suspiciously. Somebody marries a US citizen they were already engaged to before entering the US with a student visa, and then they quit school after just 4 months?

I did really came over here to study and improve my english. but i think its time for me to stop school.
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You are going to live the rest of your life in a mostly English speaking country, which makes it more important to know English, so you quit school? You think that makes sense to the interviewer? I don't think so, unless you're quitting because your English is so good that you don't need those English classes anymore. I hope you can demonstrate that in the interview.

Anyway, you've already made up your mind to go the I-485 route instead of consular processing, so go ahead and whatever happens will happen, you are the one who will suffer or celebrate, not me or the people on this forum.
 
thanks anyway... I prefer be so optimist... so just a question are u a lawyer? I give up in this forum... thanks
 
joanna29 said:
thanks anyway... I prefer be so optimist... so just a question are u a lawyer?
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No, I'm not a lawyer, as you would see by reading my signature. I'm just very familiar with numerous hassles and horror stories people have with immigration, even people who have clean straightforward cases. So I'm just shaking my head at why you insist on making your case more risky by quitting school and going forward with I-485 instead of consular processing.
 
Hi! My student visa was expired in Nov.2010. And I'm married a US Citizen in Dec.2010. I've already quit school due to the financial hardship and have sent the AOS package. Will I be in any trouble? Some people said no (include my friend who was in that case and the doctor who signed my health documents), and others said yes. I'm really confused.!
 
trannguyen said:
Hi! My student visa was expired in Nov.2010. And I'm married a US Citizen in Dec.2010. I've already quit school due to the financial hardship and have sent the AOS package. Will I be in any trouble? Some people said no (include my friend who was in that case and the doctor who signed my health documents), and others said yes. I'm really confused.!
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How long have you had your student visa? Financial hardship has never been used as an excuse to quit school for F1 visa students, as far I know because your visa is issued under the premise of you having sufficient $$$ to finance your education and NOT become a public burden. The last point is besides the point, how long have you been in the country on your F1 visa?
 
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