To adjust or not to adjust

[durian]

I came to US with an F1 visa to study a year and a half ago (1/2015).
I met my boyfriend here in the US soon after.
Then things started to get serious, we went to my home-country and he met my parents in last november (11/2015). Then we came back to US, and start living together and got married two and a half months later (1/2016). Then I traveled outside US and come back for a family event (5/2016). Now we are still living in US, he has a Green Card, and I have an F1 Visa. We are planning to submit i-130 and later for i-485 when visa becomes available.

My question is: what are the chances that USCIS immigration officer will look at our application and say:
1) you got married 70 days after you came to US with an F1 visa and that is fraudulent marriage (although I held my visa for a year before that entry to US)
2) I see that you used your F1 visa to get into the country even after you were married and that is fraudulent entry.

If the risks are too high and we decide to wait for my husband to become a citizen and apply afterwords (which is in 3 years) will that reduce the risks at all? Or I could be faced with the same risks still?

Or my only risk free option is to complete my studies, go back to my home country wait for my husband to become a citizen and let him apply for consular processing for me.

[iuy87]

I came to US with an F1 visa to study a year and a half ago (1/2015).
I met my boyfriend here in the US soon after.
Then things started to get serious, we went to my home-country and he met my parents in last november (11/2015). Then we came back to US, and start living together and got married two and a half months later (1/2016). Then I traveled outside US and come back for a family event (5/2016). Now we are still living in US, he has a Green Card, and I have an F1 Visa. We are planning to submit i-130 and later for i-485 when visa becomes available.

My question is: what are the chances that USCIS immigration officer will look at our application and say:
1) you got married 70 days after you came to US with an F1 visa and that is fraudulent marriage (although I held my visa for a year before that entry to US)
2) I see that you used your F1 visa to get into the country even after you were married and that is fraudulent entry.

If the risks are too high and we decide to wait for my husband to become a citizen and apply afterwords (which is in 3 years) will that reduce the risks at all? Or I could be faced with the same risks still?

Or my only risk free option is to complete my studies, go back to my home country wait for my husband to become a citizen and let him apply for consular processing for me.

u should not worry about that because by the time IO looks at ur application u guys will already have 3 years of marriage under ur belt. because ur husband just has his green card the process roughly takes 4-5 years.

[frankh]

u should not worry about that because by the time IO looks at ur application u guys will already have 3 years of marriage under ur belt. because ur husband just has his green card the process roughly takes 4-5 years.

Totally agree with iuy87!.

Let just assume you put in your I-130 today, it may take the next 2-2.5yrs for you to put in your I-485 after the visa number becomes available for you!.

If you put in your I-130 form right now, it may take several months to get approved. I-130 does not give you any immigration benefit (eg work authorization, SSN..etc), it just means that you have started your immigration paper work and you will have to maintain your current status at-least until you put in your I-485 ie the AOS application.

Currently, on the visa bulletin, F2A category is moving with a speed of a snail. I would consider how long your spouse remains to be a USC....if it will be soon, say under a year, then I would start putting together all the paper work so that as soon as he/she becomes USC, then you can send your i130/i131/i765/i485 together as one package. If he is like 2+ yrs from being a USC, I would go ahead and file the i130 form and get that step moving on as you wait. Should your spouse become USC sooner before your I-130 approval, you can always upgrade your case to that of an immediate relative.

Its been since Oct 2014 we put in our I-130 application which was approved Sept 2015 and waited for the visa number to be available in April 2016 (Our PD became current on the visa bulletin) and still we have not been scheduled for GC interview. I hope this information gives you a sense of how much waiting there is to do.

I am not a lawyer but I wouldn't think its fraudulent for you to travel on your F1 visa after you got married....after all, you haven't put in your paper work. I would be more worried if your F1 has expired.....

We have traveled with H1B visa while our case is ongoing...no worries as long as you are in status.

my best!