QUESTION

Will I get trouble filing AOS by marriage as F1 student if we were married before I got F1 visa?

Asked on Feb 19th, 2020 on Immigration - California
More details to this question:
I'm married to a US citizen 5 years ago and then got my F1 visa after that. My F1 visa is going to expire in July while I-20 is expiring in 2020. I'd like to apply for OPT, and after OPT gets through immediately file AOS by marriage. Will I get any trouble because of misrepresented intent?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you did not disclose the marriage when applying for the F-1 nonimmigrant visa, you have the possibility of being accused of visa fraud.  I do note that there is a possible defense if  your spouse was a US citizen five years ago that any misrepresentation was immaterial since your major purpose was to study and not immigrate to the US. U.S.C.I.S. usually coordinates with the home consulate or embassy concerning what was put down on the nonimmigrant visa application in adjustment of status situations. Generally U.S.C.I.S. officers will allow applicants the opportunity to file for a waiver of the misrepresentation If there is a finding of visa fraud although such is not mandatory on immigration service officers and there is a chance of being turned down without the opportunity of waiver filing. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Mar 17th, 2020 at 7:29 PM

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