Florida  |  Immigration Law

Legal Question

Asked on: 10/06/13, 6:39 pm

We came to study but we married and wish to stay in th USA. (I'm USC, shes on F1). Would that be considered preconceived intent?

I'm a born US Citizen, shes Venezuelan on a F1 visa. When we graduated (about 1 year ago) we decided to study in the USA: right now she is doing a 1 year english course and I've been doing film courses on different institutions. About 2 months ago we started to think about getting married since we've been together for +6 years and we've been living together since we got here.

Last week we went to Las Vegas with a couple of friends and and we married! Now we have decided to stay here permanently, and wish to adjust her to Permanent Resident status. We have read so much on the internet about this "preconceived intent" deal and we wouldn't like to risk our future.

Is there anything we should consider before filing her Permanent Residency?

1 Answer

Answered on: 10/06/13, 6:54 pm by Natalie Hall

If questioned, Once she can show that she had intended to return to her country when she obtained the visa this should rebut any presumption of preconceived intent. Make sure you have proof of the period of courting and the validity of your relationship. I would encourage you to consult in person with an immigration attorney.

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