Getting married on F-1 Visa

[ramon20 0]

Hi! I'm new here and I wanted to thank everyone for being so helpful giving us all this informaton! I'm from Argentina and got a F-1 Visa for 3 months, i got married a month after i entry the US with my girlfriend (US citizen). We've been together for more than a year now, and after her stay in Bs As and after spending so much time together we knew we couldn't be away from each other for long. The only reason why we didn't go for the K-1 while here in Argentina it's because we haven't even thought about getting married until we saw each other again in NY. We are living together now, even share our bank account!! lol.

Anyway, my question is what should I file for now? K-3? CR-1? If i filed for any of these visas and wait for them to be approved that will take a few months and by that time my F-1 would be expired. I really don't want to go back to my country and spend so much money on a plane ticket, is it going to be a problem if my visa is expires while i wait for my change of status?

Thanks a lot!!!! Any information could be useful.......gracias!!!!!

[payxibka 10,047]

You don't need another visa as you are already here... you need to file I-130, I-485, I-765 and be prepared to answer questions about the marriage 30 days after entry.... You can stay here while your application is pending the only problem is that if your applicaiton is denied for some reason, then you have accumulated "out of status" time and it might cause you difficulty in the future, should you need another visa.

Edited March 25, 2008 by fwaguy

[ramon20 0]

Thanks a lot for the info!! Would have been different if I had married 60 days after my entry instead of 30???

[YuAndDan 153]

Thanks a lot for the info!! Would have been different if I had married 60 days after my entry instead of 30???

No, but it is a recomendation to not marry very close to entry date. Example: marriage a few days after entry makes the it look like the F-1 was used as strictly marriage visa, there is a proper visa for that purpose it is a K-1 visa.

There is a guide for this: http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited March 25, 2008 by YuAndDan

[pushbrk 13,087]

The only reason why we didn't go for the K-1 while here in Argentina it's because we haven't even thought about getting married until we saw each other again in NY.

You can adjust status and stay during the process but be prepared to defend the statement above. You'll need to convince an adjudicator it is a true statement.

There is no "sixty day rule" but marriage shortly after arrival sets up a more difficult task of "convincing".

[ramon20 0]

Ok, thanks for the info. I know we rushed the whole thing, i wish i knew VJ before!!!

[Tai de Salta 0]

i'm not familiar with F-1 visas. however, my understanding is that if you enter the US on a non-immigrant, temporary visa (such as a B tourist visa) and get married within the first 3 months of entry it can be difficult to obtain a marriage-based visa/green card. you may be able to find information online about this (for example, google Fiance & Marriage Visas by Ilona Bray) and it may be worthwhile to consult with an immigration lawyer who you or a friend thinks is reliable.