Spouse is on a student visa

[Xamindar 0]

My spouse is here on a student visa going to school (she is from japan). We just got married and now I am trying to figure out how to get her Immigration stuff all done. Does she have to go back to Japan and then return on a fiance visa? Or is there a way to just start the process on her current visa?

Thanks for any info.

[Izoom 0]

Wrong section of forums.

Try K-3 Visas and you might have more luck. This is for unmarried fiances, not spouses.

[handor 0]

If you just got married and she's in the US, I don't even think she'll need a K-3. You might be able to proceed directly to AOS so that she can get her green card. As long as it's sufficiently clear that she didn't sign up for the student visa just so she could come and marry you and live here, I should think your case will be pretty simple.

Though, ah, I am not an immigration lawyer...

[payxibka 10,047]

Wrong section of forums.

Try K-3 Visas and you might have more luck. This is for unmarried fiances, not spouses.

The proper place for this question is the Adjustment of Status Forum

[pushbrk 13,254]

Wrong section of forums.

Try K-3 Visas and you might have more luck. This is for unmarried fiances, not spouses.

The proper place for this question is the Adjustment of Status Forum

Looks like it got moved. Please follow the Guide for AOS, Adjustment of Status by clicking on the word Guides at the top of any page. As previously stated, as long as your wife didn't obtain the student visa in order to circumvent US immigration law, she can just adjust status based on your marriage.

She's here so she needs no other visa. Under no circumstances does a "spouse" qualify for a "fiance(e)" visa.

[Silke 1]

I used to be an F1 student and adjusted status last year. The guides were pretty helpful when putting together my application:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Feel free to pm me if you have any questions.

[EstebanTrabajos 7]

My spouse is here on a student visa going to school (she is from japan). We just got married and now I am trying to figure out how to get her Immigration stuff all done. Does she have to go back to Japan and then return on a fiance visa? Or is there a way to just start the process on her current visa?

Thanks for any info.

No, he doesn't need to go back to Japan, that's one of the wonders of getting married while on student visa. He can start his AOS asap, since you already got married. Just follow the guidelines listed above and if you have any questions feel free to PM me, I'm an F-1 student veteran myself and we'll b done w/the process in about 6 days from today (if god is graceful )

[Xamindar 0]

Thanks for all the replies, it helped out a lot.

I am looking at her visa and it actually says it expired in May of 2007. Does that matter as long as she is still going to school? The visa class says "F1". How does that fit in with the K-1 or K-3 I keep reading about? One person in this thread linked to the I-130, it warns a lot about filing it falsely, do I need to go to an immigration lawyer in order to find out if I am allowed to file it? Sorry if I sound too stupid.

I'll keep reading these forums to learn more about the process, thanks a lot!

[Xamindar 0]

OK, here's a simple question on the I-130....

In section 22 what do I put? Do I put my hometown?

Also, in section 14 it wants information on the I-94. I see it in her passport but there is no expiration date to put on the I-130. It has a date she entered the US but that's it.

[pushbrk 13,254]

OK, here's a simple question on the I-130....

In section 22 what do I put? Do I put my hometown?

Also, in section 14 it wants information on the I-94. I see it in her passport but there is no expiration date to put on the I-130. It has a date she entered the US but that's it.

You look up the closest USCIS office to where you live and use that.

If there's no expiration date on the I-94, say "none" or "no exp. date".

Overstays are forgiven when adjusting status based on marriage to a US Citizen.

If your decision to marry occured after your wife's last entry to the USA, she is most likely allowed to simply adjust status. No need for a visa. She's already here. Visas are used to enter counties. Duration of stay is granted with a stamp or I-94.

If you met your wife after she last entered the US, she definitely can adjust status.

The bolded sentences above are to be taken literally only. If they don't describe the circumstances exactly then they don't apply. In that case, describe the circumstances as to when she last entered and when you decided to marry and we'll do the best we can to advise you.

Here's a scenario that won't work. You met, decided to marry, she left, came back then married. The devil is in the details.

[Marcus and Laura 4]

For an F-1 the duration of stay which the I-94 might have scribbled on it (D/S) is set by the I-20, ie its expiry date. That at least what i was told when I filled out our paperwork.

[GreenApp 0]

Thanks for all the replies, it helped out a lot.

I am looking at her visa and it actually says it expired in May of 2007. Does that matter as long as she is still going to school? The visa class says "F1". How does that fit in with the K-1 or K-3 I keep reading about? One person in this thread linked to the I-130, it warns a lot about filing it falsely, do I need to go to an immigration lawyer in order to find out if I am allowed to file it? Sorry if I sound too stupid.

I'll keep reading these forums to learn more about the process, thanks a lot!

My husband is adjusting from an F-1 visa right now, so I know what you're going through! (We have our interview in a few weeks).

You don't need to worry about getting a new visa (like the K-1 or K-3, those are for bringing a spouse or fiance who are currently residing outside the U.S.)

As long as she is still in school now, and has a valid I-20, then it doesn't matter if her visa expired in May 2007. My husband's visa expired nearly 4 years ago, but he has maintained legal status by remaining enrolled in school, or with an OPT. As long as she has maintained legal status in this way since her visa expired (or at least until you got married), then that is fine.

Please ask any other questions - in my experience, adjusting from an F-1 visa has really been quite easy. You may have to prove that she did not enter as a student with the intention to marry you - that would be visa fraud - but I'm guessing this isn't a problem.

Good luck!