Which Type of Visa should I shoose to apply?

[varya 0]

Hello,

This is my first time visit to this website, and I really appreciate if anyone can give me some suggestion!

I'm right now holding F-1 in TX writing my thesis. While I'll have to spend another semester to really graduate, I don't feel like continuing to register this Fall. I would prefer to withdrawal from school and only return to register for the very last semester when I'm almost done with my thesis.

As my boyfriend(who is a citizen) and I have decided to get married sometime in May or June, my current I-20 is going to expire on May 31st, 2007.

A lot of people have suggested me to get married as soon as I can, but my family (especially my mom) doesn't want me to marry that soon (I know...it's only 2-3 months of difference, so I'm actually confused about why they oppose the idea). So I can only wait until May or June...

I went to the International Office of my school and talked to the advisor there yesterday, and the response I got is that only when my application for Adjustment of Status (I-485) gets approved can I choose not to hold F-1. Otherwise my staying in US will become illegal.

I'm like stuck in a complex situation now... So far I know that my mom is not against my applying for K-1...but if it's already decided that we'll marry in May/June, I personally just don't see the reason to apply for K-1 rather than other spousal visa. Can anyone give me suggestions??? If I didn't state my question clear enough, please let me know and I'll try to make it more clear. Thanks in advacne!!!!

Edited March 6, 2007 by varya

[TimsDaisy 0]

If you came to this country not intending to marry and stay here (ie: if you met your now-fiance AFTER you got here), then you can/should marry before your time is up on the F-1 (even if informally in a city hall) and then adjust your status. If you came here knowing him and knowing you'd get married - then you're in visa fraud territory.

If you're ready for marriage - get married and get the AOS paperwork going. Otherwise, suck it up and continue your schooling or go home and be prepared to go through the full K1 or K3 process with the rest of us.

[varya 0]

Thanks for your prompt response!

Yes, I got to know him after I came to US...

Mind if I ask how long will that take to go through the AOS paperwork? 'Cause I'd like to know if it's possible to get it done before May 31st.

Thanks again!

[TimsDaisy 0]

Check the other forums here for that - I'm focused on just my part of the process now. Check the forums and the "Immigration timelines" button on the top.

Why do you need full status adjustment by May 31? (If you do everything above-board, you should be fine to stay here and also fine to travel once you file for advance parole - as well).

[varya 0]

Check the other forums here for that - I'm focused on just my part of the process now. Check the forums and the "Immigration timelines" button on the top.

Why do you need full status adjustment by May 31? (If you do everything above-board, you should be fine to stay here and also fine to travel once you file for advance parole - as well).

Many thanks again.

Following is what made me feel I need full status adjustment--

"Adjustment of Status: When a nonimmigrant student files an Adjustment of Status (Form I-485) but maintains F/M status, the student's SEVIS record should remain active until the adjustment is approved. The DSO should then manually terminate the record for Change of status approved." (Source: "F and M Student Record Termination Reasons in SEVIS" Handout from SEVP, NAFSA National Conference, 2006).

[TimsDaisy 0]

Well, I'm going to plead ignorance and not try to change that since the student process doesn't apply to me and there's only so much ICE stuff I can keep in my head at one time.

When you're in the midst of the AOS process, you're pretty safe being here. Assuming you break no laws (and don't leave the country before you know you have permission to reenter) you won't be made to leave. This is how K1 couples can wait until the end of their 90 window and not worry about their honey getting bounced - just file all your AOS papers and follow the rules from there.

So I don't know what any of what you quoted means or refers to, but If you're adjusting status, you'll be okay. Double check the legality of getting married - but as long as you weren't/aren't attempting to defraud the government, you can marry and petition to adjust status while remaining here.

[Silke 1]

I will also adjust status from F1 after getting married next month. I was told that once I receive a Notice of Action from USCIS I don't have to be enrolled in school anymore and that my status would change from F1 to pending immigrant. I think you should post this question in the adjustment of status forum.

[varya 0]

I will also adjust status from F1 after getting married next month. I was told that once I receive a Notice of Action from USCIS I don't have to be enrolled in school anymore and that my status would change from F1 to pending immigrant. I think you should post this question in the adjustment of status forum.

Thanks to Timsdaisy and silke, I'll repost my situation in the AOS forum.

Good luck on both of your cases!!!!

[Dan J 277]

As long as you file your AOS paperwork before your current visa expires, you should be ok to stay while its processing (Keep all paperwork in case you run into any issues). It can take 3-6 months to process. More if you run into issues.

As far as getting married, I would suggest doing a civil wedding at city hall as soon as possible so you can get the paperwork underway. Then do a wedding for friends and family when its more convienient. Doing multiple weddings is quite common for couples in the visa process. Due to time limits and having family in two places in the world.