Me (U.S. Citizen) planning to marry international student w/F1 Visa

[Tajoumaru 0]

Let me explain the situation, using handy bullet points:

• I am a U.S. citizen; my fiancée is a Japanese citizen and has been living in the U.S. since March 2003 on an F1 (Student) Visa.

• She completed her degree at the end of 2006 summer term and her Visa expires at the end of this August (2007).

• We've been planning on marrying this summer, perhaps early July.

• We both have full-time jobs, working as contractors.

• We have a substantial "nest egg" saved.

• She has had a very difficult time finding a full-time, permanent position because of the employer-based Visa sponsorship issue (i.e., few companies seem willing to sponsor these days, for whatever reason).

• We have been together for 3+ years and have several "bona fides" that can attest to the legitimacy of our relationship.

• We have no children.

• We basically live together but do not share a lease contract (we each have our own place).

• We do not have a joint banking account but would open one if necessary.

I've reviewed TONS of materials, including here and elsewhere, but it seems the more I read the more choices there are, and thus the increasing confusion. Is this a typical K1, or K3 Visa situation? If so, do we start with I-129F form, or I-130? She's been living in the same state for 4+ years and has no intention of going back to Japan unless there's no choice in the matter. We really don't want to bother with an immigration lawyer, so I came here for some help.

Thanks in advance for any assistance.

[pushbrk 12,569]

Let me explain the situation, using handy bullet points:

• I am a U.S. citizen; my fiancée is a Japanese citizen and has been living in the U.S. since March 2003 on an F1 (Student) Visa.

• She completed her degree at the end of 2006 summer term and her Visa expires at the end of this August (2007).

• We've been planning on marrying this summer, perhaps early July.

• We both have full-time jobs, working as contractors.

• We have a substantial "nest egg" saved.

• She has had a very difficult time finding a full-time, permanent position because of the employer-based Visa sponsorship issue (i.e., few companies seem willing to sponsor these days, for whatever reason).

• We have been together for 3+ years and have several "bona fides" that can attest to the legitimacy of our relationship.

• We have no children.

• We basically live together but do not share a lease contract (we each have our own place).

• We do not have a joint banking account but would open one if necessary.

I've reviewed TONS of materials, including here and elsewhere, but it seems the more I read the more choices there are, and thus the increasing confusion. Is this a typical K1, or K3 Visa situation? If so, do we start with I-129F form, or I-130? She's been living in the same state for 4+ years and has no intention of going back to Japan unless there's no choice in the matter. We really don't want to bother with an immigration lawyer, so I came here for some help.

Thanks in advance for any assistance.

Provided she is not subject to the two year home residence requirement, your fiance doesn't need a visa. She's already here and entered before she was anybody's fiance. As such, she can remain and adjust status to permanent resident, provided you you marry before her visa expires.

[Silke 1]

Your fiancee can simply apply for AOS (adjustment of status) since she is already in the country. If you decide to go that route, you would have to file petition I-130 and I-485 along with all the other requested documents/forms. Your fiancee would also need a medical exam done by a civil surgeon. The guides here on VJ have helped me a lot in putting together my AOS application. Click on the following link and you will see what you have to submit with your AOS application: http://www.visajourney.com/forums/index.ph...page=i130guide2

If you have any other questions, you can also pm me. I'm adjusting from F1 myself. You should post this question in the adjustment of status forum to get more answers!

Good luck!

[Tajoumaru 0]

Ok, thank you for the help. Now that I know that this is an AOS issue I'll pose the same question there.

[Dan J 277]

Yup, provided that you got engaged after your fiancee's last entry into the US, you can get married and file for AOS. If you got engaged beforehand however, getting married now and filing for AOS would be fraud, you would have to use a K-1/K-3 visa. I'm assuing that you fall into the first case.

Get married before the visa expiration, and then file for Adjustment of Status. You dont have to worry about the joint stuff until the AOS interview, but I assume you would take care of that once you're married.

[seviram 0]

Hellow everyone,

My situation is similar. Came to the States on F-1, met my fiance in college. Did my one year of OPT (1 year of EAD). After OPT expired, could not get H1-B because the cap got full too soon this year. Had otherwise to leave the country so, my fiancee and I got married.

We married on June 4th and I have almost all the documents ready to file.

Now, the problem is that I have a job offer and they are, as I am, anxious to know when I would be eligible to start working.

The whole time I assumed after I file my applications with USCIS, I will be able to start immediately assuming things will go through at one point or another. Now, I have second thoughts. Trying to contact a million attorneys but they are taking forever to get back to me.

My question is, say I file my papers next week (June 25-29), how long will it be before I can start working (assuming I send in my I765 with the package)?

And could you please recommend a good lawyer in LA?

Thanks!

[pushbrk 12,569]

Hellow everyone,

My situation is similar. Came to the States on F-1, met my fiance in college. Did my one year of OPT (1 year of EAD). After OPT expired, could not get H1-B because the cap got full too soon this year. Had otherwise to leave the country so, my fiancee and I got married.

We married on June 4th and I have almost all the documents ready to file.

Now, the problem is that I have a job offer and they are, as I am, anxious to know when I would be eligible to start working.

The whole time I assumed after I file my applications with USCIS, I will be able to start immediately assuming things will go through at one point or another. Now, I have second thoughts. Trying to contact a million attorneys but they are taking forever to get back to me.

My question is, say I file my papers next week (June 25-29), how long will it be before I can start working (assuming I send in my I765 with the package)?

And could you please recommend a good lawyer in LA?

Thanks!

Lawyer or not, EAD is taking about 90 days.

[msu17 0]

You need to post this in the AOS forum. We arent to that part yet.

[seviram 0]

Hellow everyone,

My situation is similar. Came to the States on F-1, met my fiance in college. Did my one year of OPT (1 year of EAD). After OPT expired, could not get H1-B because the cap got full too soon this year. Had otherwise to leave the country so, my fiancee and I got married.

We married on June 4th and I have almost all the documents ready to file.

Now, the problem is that I have a job offer and they are, as I am, anxious to know when I would be eligible to start working.

The whole time I assumed after I file my applications with USCIS, I will be able to start immediately assuming things will go through at one point or another. Now, I have second thoughts. Trying to contact a million attorneys but they are taking forever to get back to me.

My question is, say I file my papers next week (June 25-29), how long will it be before I can start working (assuming I send in my I765 with the package)?

And could you please recommend a good lawyer in LA?

Thanks!

Thanks!