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Hi All,
We (my wife is beneficiary) have marriage based GC (I am GC holder not USC) interview coming up in a week. Looking at the various documents we don't have much problem establishing bonafide marriage, since we have been together for 10 years and have lot of pictures etc), shared bank accounts etc, similarly for wedding, both our parents and siblings attended and lot of other friends, so there is plenty of evidence.
the one area of concern is her past visa status (listing only the relevant portion starting 2014, before that she had j1/f1 etc as well)
Prior to 2014: Wife was working on H1B visa
In 2014: We officially got married (I am GC holder)
Later in 2014: She switched to F1 (because she was working/studying (PHD) for past several years and H1 was expiring and company was not going to renew etc. She was also going to be full time student now because of internship requirements)
In Jan 2015: Filed for GC
April 2015: Had wedding
The concern I have is what we can say if they question how/why she switched to F1 (after marrying GC holder), since F1 is non-immigration intent visa. Her past history also establishes strong ties in the US, she has been in US for 10+ years before that, owns house, working, studying etc), so it will be hard to defend/justify that she was not intending to immigrate. Would kind of answer would be reasonable in such circumstances, I think saying we did not know etc will probably not fly. What do you guys think?
Do they normally ask about these types of things during the GC marriage based interview or is it entirely/mostly focused on establishing a bona-fide marriage?
Anyone else has experience with switching to F1 after marrying GC holder and then filing for GC?
We (my wife is beneficiary) have marriage based GC (I am GC holder not USC) interview coming up in a week. Looking at the various documents we don't have much problem establishing bonafide marriage, since we have been together for 10 years and have lot of pictures etc), shared bank accounts etc, similarly for wedding, both our parents and siblings attended and lot of other friends, so there is plenty of evidence.
the one area of concern is her past visa status (listing only the relevant portion starting 2014, before that she had j1/f1 etc as well)
Prior to 2014: Wife was working on H1B visa
In 2014: We officially got married (I am GC holder)
Later in 2014: She switched to F1 (because she was working/studying (PHD) for past several years and H1 was expiring and company was not going to renew etc. She was also going to be full time student now because of internship requirements)
In Jan 2015: Filed for GC
April 2015: Had wedding
The concern I have is what we can say if they question how/why she switched to F1 (after marrying GC holder), since F1 is non-immigration intent visa. Her past history also establishes strong ties in the US, she has been in US for 10+ years before that, owns house, working, studying etc), so it will be hard to defend/justify that she was not intending to immigrate. Would kind of answer would be reasonable in such circumstances, I think saying we did not know etc will probably not fly. What do you guys think?
Do they normally ask about these types of things during the GC marriage based interview or is it entirely/mostly focused on establishing a bona-fide marriage?
Anyone else has experience with switching to F1 after marrying GC holder and then filing for GC?
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