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Results 1 to 7 of 7

Thread: Is this preconceived intent?

  1. #1
    Hi
    I have a hypothetical situation and would be very interested what everybody thinks about this.

    Hypothetical situation:

    A student comes to the US in J1 to go to graduate school. He has his DS-2019 revalidated every year and otherwise maintains status. During his stay, he his dating and he and his USC GF decide to move in together after seeing each other for a while.

    Several months after moving in together, the student leaves the country to apply for a new J1(since the old one expired). He receives the J1 and enters the US again to continue his graduate studies. 2 months after this last entry the student proposes to his USC girlfriend. After being engaged for several months they get married. While being engaged, the student graduates but has academic training approved and starts in AT right after graduation. Several months after getting married (while being on AT) the couple files for AOS for the student.

    Question:
    Would the AOS be denied at the interview because the USCIS officer may find preconcieved intent to immigrate at the time the student applied for the J1 after the original J1 expired?

    I would very much appreciate any input on this matter.
    Thank you,
    Marc

  2. #2
    Hi
    I have a hypothetical situation and would be very interested what everybody thinks about this.

    Hypothetical situation:

    A student comes to the US in J1 to go to graduate school. He has his DS-2019 revalidated every year and otherwise maintains status. During his stay, he his dating and he and his USC GF decide to move in together after seeing each other for a while.

    Several months after moving in together, the student leaves the country to apply for a new J1(since the old one expired). He receives the J1 and enters the US again to continue his graduate studies. 2 months after this last entry the student proposes to his USC girlfriend. After being engaged for several months they get married. While being engaged, the student graduates but has academic training approved and starts in AT right after graduation. Several months after getting married (while being on AT) the couple files for AOS for the student.

    Question:
    Would the AOS be denied at the interview because the USCIS officer may find preconcieved intent to immigrate at the time the student applied for the J1 after the original J1 expired?

    I would very much appreciate any input on this matter.
    Thank you,
    Marc

  3. #3
    It will not be considered preconceived intent. You have been in the US for a while and have gotten married months after you applied for AOS. You are in a very good position.

  4. #4
    Aguila:

    Is a J1 visa - non-immigrant?

  5. #5
    Of course it is, and so is a tourist visa, or even better Visa Waiver :-) so WHAT?

  6. #6
    I would agree that this is not preconceived intent. Besides, it is my understanding that the positive weight of being married to a USC would outweigh any negative of preconceived intent regardless.

    I had a similar situation when I was on an F-1 visa. I was getting married near the Canadian border (in the U.S.) but was advised by my attorney to not cross the border to visit family (in Canada) before the wedding. The fact that I would have re-entered the U.S. on an F-1 visa only days before the wedding could have been construed as immigrant intent. The fact that I had been living in the U.S. for a number of years on the F-1 prior to the wedding would have probably been enough to show that I wasn't entering the U.S. solely to get married (even though technically I would have been). My attorney, however, didn't think it was worth the risk so I elected not to cross until after I was married, adjusted status, and had my advance parole in hand.

  7. #7
    Aguila:

    So what? Well for one if a j1 is reissued and awarded as a non-immigrant visa to a person who has someone here in the country whom he intends to marry, and then indeed does, isn't that a case of having conflicting intent?

    I mean for J1 purposes the visa if given to someone who intends to leave - but then there is a significant other here in this country whom he intends to marry and does - so isn't that something to consider and why didn;t alien seek a k1 instead?

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