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We came to study but we married and wish to stay in th USA. (I'm USC, shes on F1). Would that be considered preconceived intent?

Miami, FL |

I'm a born US Citizen, shes Venezuelan on a F1 visa. When we graduated (about 1 year ago) we decided to study in the USA: right now she is doing a 1 year english course and I've been doing film courses on different institutions. About 2 months ago we started to think about getting married since we've been together for +6 years and we've been living together since we got here.

Last week we went to Las Vegas with a couple of friends and and we married! Now we have decided to stay here permanently, and wish to adjust her to Permanent Resident status. We have read so much on the internet about this "preconceived intent" deal and we wouldn't like to risk our future.

Is there anything we should consider before filing her Permanent Residency?

Attorney Answers 5


  1. Best answer

    This is a concept that works after you have presented yourself as a non immigrant for admission. From the information you provided this period has run out and there is no fraud presumption in regards of your wife's intent when she entered the U.S. Best thing you can do is document your relationship. Good luck.

    This is not legal advice and a client attorney relationship is not created. You should not rely solely on the information provided in this page as every case is different and laws are in a constant state of change.


  2. No, not as far as preconceived intent is concerned. At least not based on the facts you provided.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.


  3. No. You should not have any problems as to preconceived intent based on the facts you gave.


  4. The article below touches on this issue. Best of luck.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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