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  1. #1

    Default Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    I am under an F-1 visa and have been studying for a MEd. in the U.S.A. for over a year. This summer I went back to the UK for the first time since arriving in the U.S. to go to a funeral and then returned to the U.S. A week after returning I married my American girlfriend (U.S. citizen, together for 3 years). I still have over a year left for my program and on my F-1 visa.

    We have started thinking about where we want to settle and I am considering applying for a greencard. Will the fact that we married close to my last time of entry affect my chances of success?

    Thanks in advance.

  2. #2
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Yes it could. It appears you falsified you visa application. Hire an immigration attorney.

  3. #3

    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Can you explain how I falsified my visa application? I completed the application over a year ago with no intent to immigrate. In fact, I still have no intent to immigrate, I'm just considering it.

  4. #4
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Marriage is just a bad idea. Talk to any divorce lawyer.

  5. #5
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Quote Quoting Disagreeable
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    Yes it could. It appears you falsified you visa application. Hire an immigration attorney.
    Don't explain it to me. Explain it to Immigration. To be honest, your timing appears completely planned and you are not quite_convincing.

  6. #6
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    I've dealt with immigration issues and officers before on a number of occasions. Follow the law, be polite with them, professional. They have a tendency to suspect everybody of everything. But ultimately they have to prove any of your wrongdoings in Federal Court, and they hate going there, because they lose jurisdiction over your case. It's transferred over to Federal judge. So if you did not give them any evidence of fake marriage or anything like that, then they will have no case against you in court. Therefore, you should be fine. You can challenge their decisions. In my issues, they were difficult, but I stood my ground, and they decided not to go to Federal court. These legal things are more factual than legal. If the facts are on your side, then you should be OK.

  7. #7
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Quote Quoting Lawmeister
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    I've dealt with immigration issues and officers before on a number of occasions. Follow the law, be polite with them, professional. They have a tendency to suspect everybody of everything. But ultimately they have to prove any of your wrongdoings in Federal Court, and they hate going there, because they lose jurisdiction over your case. It's transferred over to Federal judge. So if you did not give them any evidence of fake marriage or anything like that, then they will have no case against you in court. Therefore, you should be fine. You can challenge their decisions. In my issues, they were difficult, but I stood my ground, and they decided not to go to Federal court. These legal things are more factual than legal. If the facts are on your side, then you should be OK.

    USCIS enjoys ENORMOUS latitude and immunity when it comes to AOS.

    And the burden of proof in AOS cases is on the petitioner - it is NOT on USCIS.

    (not that I think that's okay - I actually don't think it IS okay - but it's factual, at least).

  8. #8
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    USCIS think they can do whatever they want, but they can't. There are still guidelines to follow. They are so arrogant that they always do something wrong somewhere, you just have to be sharp enough to catch it. Then you can do what I did when I was dealing with them - complain to the supervisor, detail any unfairness and any wrongdoing. Keep your facts clean, though. Present everything so that it all appears legitimate. Then you can claim to have satisfied all the requirements. Then the ball is really in their court, because they must have a valid reason to deny you anything give that you have satisfied all the requirements. If they don't, then you have Federal court that can take over you case and then Federal judge will decide, possibly in your favor if he sees nothing wrong with your case. But they won't go to Federal court if you are clean. They must have legitimate reason to deny your case. Especially if it's marriage and love.

  9. #9
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Has Willy been reincarnated? It looks like a duck, it quacks like a duck and it posts like a duck.

  10. #10
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    Default Re: Marriage Between U.S. Citizen and F-1 Student Soon After Re-Entry

    Quote Quoting Disagreeable
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    Has Willy been reincarnated? It looks like a duck, it quacks like a duck and it posts like a duck.


    Hahahahaha - you know, you're not the only one who thought that

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