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Our client, Mrithika, was a very ambitious student on an F-1 visa, pursuing a doctorate at Harvard University. Originally from New Delhi, India, Mrithika had moved to Hong Kong for her bachelor’s, where she met her soon-to-be husband, Jason. He was there on a short-term work project, and upon getting to know each other they started to date. When Jason’s contract ended, he returned to the United States, just as Mrithika was about to graduate with her bachelor’s degree.
Determined to continue her education, Mrithika applied for many doctoral programs in the U.S. and she was later accepted into Harvard University’s Doctor of Philosophy in Education program. It was fate, as Jason also lived in Boston, which would allow the two to continue seeing each other. As two years passed, their relationship blossomed even further. They supported one another while Mrithika worked her way through school, and Jason with his busy work schedule. They were ready for the next step in their relationship.
Jason and Mrithika scheduled a remote consultation with one of our attorneys. Mrithika had already been living in the U.S. for two years, and Jason was a U.S. citizen, eager to marry Mrithika, and hopefully transition her from an F1 visa to a green card. They were worried that they couldn’t apply for a green card as Mrithika was still on an F-1 visa. Our attorneys cleared everything up and advised them on the process for a marriage green card and the timeline that they should anticipate. Soon enough, Jason and Mrithika got married and were ready to proceed with the green card filing.
We had already had the entire petition prepared, but could now submit it with the marriage certificate, and had enough supporting documents. Everything was going fine until we noticed a longer wait time than normal to hear back from USCIS. Typically, we hear decisions from USCIS within the 6-12 month timeframe, and we get close to one year and do not hear anything. Usually, that just means that they are taking a longer time with background checks. However, we ended up receiving an RFE.
The RFE read to “Submit evidence that proves you have a valid marriage and that it was not entered into for immigration purposes.” Our clients were together for four years, it wasn’t a relationship that blossomed overnight. While the RFE was unexpected, our team was well-prepared for such challenges. Mrithika worried that they were questioning their races, as in her family it wasn’t acceptable to marry someone who was not Indian, but we reassured her that that was not the case.
In recent years, USCIS has been issuing RFEs more frequently. While interviews have not been happening, RFEs have become a common tactic for USCIS to scrutinize relationships. Our team collected joint financial documents, photographs from their wedding and trips, sworn affidavits from friends and family, and even detailed timelines of their relationship. We ended up responding to the RFE in two weeks.
After two months of submitting the RFE response, USCIS approved Mrithika’s green card.
We help our clients create a path for their permanent residency in the U.S. While many, like Jason and Mrithika, may question if it’s possible to transition from an F1 visa to a green card, we are here to help and answer your questions around the process. Our team provides a unique, tailored legal strategy for every case, as every case is very different. We understand how to handle RFEs, and ensure our clients that they have nothing to worry about. Today, Mrithika is working while continuing her doctorate program and is happily living with her husband Jason in Boston. We help reunite families and keep them together to build their future in the United States. Reach out to our office if you have any questions on a family green card.
