Expert Advice When You Need It Most

Aftering marrying a U.S. citizen I re-entered the U.S. under a student visa, will this negatively affect my adjustment of status

I married a US citizen while on an F-1 visa in the US. A few months after marrying, we traveled to India for one month and I re-entered under my student visa. I have been in school for the past year but am now applying for an adjustment of status because my student visa expired in August 2008 and I have not bee in school during the fall and have been out of status. My question is, when I re-entered the US under my student visa, did I do something wrong and will this be viewed as Visa fraud at my adjustment of status interview?

Save

Attorney answers (2)

Reputation Level 13
When you entered as a student, you were representing to the officer at the port of entry that you intended to attend school on your F-1 visa and that you did not intend to remain in the USA and file for permanent residency. It sounds from the fact pattern, that your intensions were appropriate. If that is the case, then you should be in a good position and eligible for the adjustment of status to permanent residency. A lot will depend on your intention upon entry and how your interview goes.
6 people marked this answer as good

Avvo Pro

Reputation Level 6
Yours is a situation requiring careful preparation for your Adjustment Interview so that you can present your intentions and facts appropriately. A student visa is a temporary visa and your use of it would only have been proper if you intended to go to school and then return abroad when you finished school. Having married a US citizen could, arguably, make the intention to return abroad questionable in the eyes of a USCIS examiner. However, if you and your spouse were unsure where you would live after graduation or if your plans changed at some point after entry, you should have no problem with your Adjustment of Status. It is always important to remember that USCIS has much discretion in the Adjustment process so it is important to carefully prepare, especially when you have a potentially complicated issue such as this. If you had filed within 30 days of entry, there would have been a presumption that you intended to remain permanently when you used the student visa and that would have been evidence of visa fraud so at least you are beyond that hurdle. On the other hand, if you knew, when you entered as a student, that you were going to file for Permanent Residency, you may wish to consider filing the I-130 with a request for Consular Processing to avoid any allegation that your entry as a student was fraudulent. If you do not apply for Adjustment, you will have established that your intention was to go to school (which you did) and then to depart the US.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now