Complicated Case - How to File?

[kgas 0]

I'm posting on behalf of my best friend, who is from Japan and is getting married to a US citizen in June. Let's call her Yumi.

Yumi entered the US on a student F visa in 1998, completed a B.S. at university in 2002, and then got a M.A. in 2003. At that point, she received a B visa to work in the US, which she used until 2006. In 2006, she went back to school for another M.A. so she is back on a student F visa. Also, in 2006, she met Tom, and they are now engaged with a wedding planned for June.

Obviously her intent was not to immigrate when she first came into the US, but since she's been here for almost 10 years, it's obvious she has ties here and would eventually meet someone she wished to marry.

The issue is that her student visa expires in June around the time of her marriage. She has applications to other universities to get into a Ph.D program which would start in September. She's already planned a wedding for June, which would be pushing it to start the K-1 process right now.

What kind of visa would be necessary? Does she need an additional one? Can you adjust status from an F visa? She needs to stay in the US for her Ph.D, so moving back to Japan for the long-term is something that she doesn't really want to do, but I'm not sure what to tell her right now.

[Jeraly 4]

It sounds to me like she could get married and then just file for AOS but I am no expert... Maybe someone else has a similar situation?

[jeje 0]

It sounds to me like she could get married and then just file for AOS but I am no expert... Maybe someone else has a similar situation?

she can marry and adjust status in usa.she does not need to go back.

[pushbrk 12,898]

It sounds to me like she could get married and then just file for AOS but I am no expert... Maybe someone else has a similar situation?

she can marry and adjust status in usa.she does not need to go back.

Yep.

[Jeraly 4]

Yay! I was right - must mean I am learning

[kgas 0]

Awesome, thanks so much everyone.