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F1 visa to marriage and AOS need your inputs please
Hello
I need advise please. Please do take your time to read and advise as you please, thank you in advance. My wife came into the US for the first time on Sept 1 on a F1 student visa, we meet at the airport in JFK for the first time coincidentally looking for our missing luggage. We felt something for each other and exchange numbers to keep in contact. My wife after arrival decide to not go the the school that issued her I-20 for Fall enrollment but email DSO that she would like to transfer so as to stay closer to family (her mom), attend a cheaper college and pursue what she really have a passion for. The former school DSO requested for transfer eligibility form and acceptance letter from the new school which was supposed to be sent before October 31st but unfortunately due to several placement testing that are required to be completed to get into the Nursing RN program, time overlap and sevis was terminated by end of October without notice. In mid November, she completed enrollment and even register for Spring classes because registration for Fall is closed and also paid first tuition fee, but only to find out from the new school that her sevis cannot be transferred simply becaue it has been terminated for NO SHOW and that the new school cannot do reinstatement and that the first school also cannot and technically out of status as of November 1st. the new school states they can give her a new I-20 to return to her country if she wants so she won't overstayed and can reapply to them again from outside the United State through consular processing. But we all know that will be much more headache as the FO will doubtedly agrees with her intention to get a visa for school while she has a US citizen husband. Moreso, we do not want to be separated after consultation with an attorney, we found out that 60 days is OK but 90 and more days after she arrived is better to get married and adjust status, we will be getting married over both 60 and 90 days but in approximately 120 days (4 months).
Meanwhile we planned to get married in December amidst all and hopefully adjust status before the 180 days elapse so she won't activate the first 3 year ban if our AOS is recieved before the 180 grace days (March 2016). We will be sending all paperwork concurrently.
my questions are as follows
1. Considering my wife status what can we expect during AOS and interview process?
2. What implications are possible for meeting and getting married in 4 months and applying for adjustment on the 6th month?
3. Have anyone been a situation or have a knowledge of anyone one in/with such situation?
4. Does it matter that her visa does not expire till 2017, while Sevis is currently terminated?
5. Do we need an attorney during this process or can we do it by ourself and just consult an arttorney as every stages of the process?
I need advise please. Please do take your time to read and advise as you please, thank you in advance. My wife came into the US for the first time on Sept 1 on a F1 student visa, we meet at the airport in JFK for the first time coincidentally looking for our missing luggage. We felt something for each other and exchange numbers to keep in contact. My wife after arrival decide to not go the the school that issued her I-20 for Fall enrollment but email DSO that she would like to transfer so as to stay closer to family (her mom), attend a cheaper college and pursue what she really have a passion for. The former school DSO requested for transfer eligibility form and acceptance letter from the new school which was supposed to be sent before October 31st but unfortunately due to several placement testing that are required to be completed to get into the Nursing RN program, time overlap and sevis was terminated by end of October without notice. In mid November, she completed enrollment and even register for Spring classes because registration for Fall is closed and also paid first tuition fee, but only to find out from the new school that her sevis cannot be transferred simply becaue it has been terminated for NO SHOW and that the new school cannot do reinstatement and that the first school also cannot and technically out of status as of November 1st. the new school states they can give her a new I-20 to return to her country if she wants so she won't overstayed and can reapply to them again from outside the United State through consular processing. But we all know that will be much more headache as the FO will doubtedly agrees with her intention to get a visa for school while she has a US citizen husband. Moreso, we do not want to be separated after consultation with an attorney, we found out that 60 days is OK but 90 and more days after she arrived is better to get married and adjust status, we will be getting married over both 60 and 90 days but in approximately 120 days (4 months).
Meanwhile we planned to get married in December amidst all and hopefully adjust status before the 180 days elapse so she won't activate the first 3 year ban if our AOS is recieved before the 180 grace days (March 2016). We will be sending all paperwork concurrently.
my questions are as follows
1. Considering my wife status what can we expect during AOS and interview process?
2. What implications are possible for meeting and getting married in 4 months and applying for adjustment on the 6th month?
3. Have anyone been a situation or have a knowledge of anyone one in/with such situation?
4. Does it matter that her visa does not expire till 2017, while Sevis is currently terminated?
5. Do we need an attorney during this process or can we do it by ourself and just consult an arttorney as every stages of the process?
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