Questions re: marrying gf who is an international student

[Acer 0]

Hi All,

My girlfriend and I are planning to get married very soon. I am an American citizen, born here. I used to work steadily full time, since 2000 before I decided to go back to school in 2007. We have both never wed, so the process is a bit foreign for us. She is an international student from South Korea who has been here for about 4.5 years on an F1 Student Visa. We have been together for about 4 years and have been living together for a little over 3, with two years of documented cohabitation (both names on rental contracts, the other year was renting a couple rooms out of a house, no contract). Our families have been aware of our relationship for many years and we are pretty much part of each others families.

She has went outside of the country a few times to visit her family in South Korea in the past, and once to Canada when she went sightseeing @ Niagara Falls. I am not sure if this is normal, but she was issued a SS# and card when she arrived here ~2004. I wasn't aware that those with student visas were given social security cards. She's about 1 year or so away from receiving her bachelor's degree and intends to go to medical school afterwards. She receives large sums of money from her father periodically (10K+ every X months) to pay for her tuition and to save for future expenses. We have about 200K saved up for medical school and may use some to purchase a house.

I have several questions, so please bear with me. I have looked at some of the information here but it is quite a bit to digest.

Regarding our marriage:

Is there any special process in order for us to get married? We plan to marry within the United States, within our home state.

Will we need a marriage lawyer, or can we just go to the county clerks office and do the paperwork to apply for a marriage license?

Is it necessary for us to have a ceremony? (We are very frugal people and would rather use our money for medical school)

After getting married are there any things we should consider?

Regarding change of citizenship:

When will my gf be eligible to change her immigration status, which forms are part of the process?

Are there any requirements needed of me in order for her immigration status to change (employment, salary reqs, etc)

I've never been fond of taking pictures, so we unfortunately don't have too many pictures of us together, will this raise any red flags?

Regarding finances:

When will she be eligible for in-state resident tuition?

Will there be any taxes or limitations on the money sent to her from her family?

Will her immigration status affect our ability to purchase a home in the near future? (current credit crisis notwithstanding)

Thank you for taking the time to read this and help me out

-M&C

[canadian_wife 1,828]

Hi - I'll do my best. I cannot answer them all but I can at least attempt to answer the ones I know.

Hi All,

I have several questions, so please bear with me. I have looked at some of the information here but it is quite a bit to digest.

Regarding our marriage:

Is there any special process in order for us to get married? We plan to marry within the United States, within our home state. [/color] I think it varies by state so you will need to look into marriage licences for your specific state

Will we need a marriage lawyer, or can we just go to the county clerks office and do the paperwork to apply for a marriage license? As long as you have everything organized and are educated on the process for your state, why would you need a marriage lawyer?

Is it necessary for us to have a ceremony? (We are very frugal people and would rather use our money for medical school) As long as the marriage is legal in the US you are fine

After getting married are there any things we should consider? Cost, immirgration is an expensive process

Regarding change of citizenship: She is not eligible for citizenship until approx. 3 years AFTER she has obtained her residency

When will my gf be eligible to change her immigration status, which forms are part of the process? You will file the I-130, the GA-325 and the I-485 (and any others I have forgotten). You will also file after you have your marriage certificate

Are there any requirements needed of me in order for her immigration status to change (employment, salary reqs, etc) Yes, you will need to show you make 125% ABOVE the poverty line for your household. As well as previous year's tax returns.

I've never been fond of taking pictures, so we unfortunately don't have too many pictures of us together, will this raise any red flags? If I were you, I'd get over it and start taking pictures. You'll need to show some to indicate an ongoing relationship

Regarding finances:

When will she be eligible for in-state resident tuition? Only AFTER she is a legal resident of the United States, marrying you doesn't entitle her to anything

Will there be any taxes or limitations on the money sent to her from her family? I don't know, sorry

Will her immigration status affect our ability to purchase a home in the near future? (current credit crisis notwithstanding) I've been told both yes and no. I think it will depend on the policies of the bank at which you go foryour mortgage

Thank you for taking the time to read this and help me out

-M&C

Good luck with your journey.

Edited February 20, 2009 by canadian_wife

[pacificleye 4]

I was an International student adjusting to resident( permanent)

I will answer as far as I know. Hope these help...

Regarding our marriage:

Is there any special process in order for us to get married? We plan to marry within the United States, within our home state.

You really do not need anything extraordinary, just get infos regarding marriage where you live. In my case all My wife and I did was get a reservation with a judge in our area who married us after hours on a Friday( the 13th lol for real). We paid $120( Dallas Texas). In texas you have to apply for a marriage License( cost around $30) that takes 3days to get. Once you have the license, you have 30 days to get married or it will expire. Once you have it you can marry wherever you want as long as the person marrying you is licensed in the state of Texas. Then the judge( in my case) gives you certified copies of the marriage certificate while mailling( the judge still) the original marriage certificate back to the county court where you applied for the marriage licence for them to put it in their record then they will maill it back to you within couple of weeks. Now that the law here in Texas. So it is important that you go online and get infos on how to marry where you live.

Will we need a marriage lawyer, or can we just go to the county clerks office and do the paperwork to apply for a marriage license?

Again you really do not need a lawyer for it but if it makes you feel more comfortable it's your call.

Is it necessary for us to have a ceremony? (We are very frugal people and would rather use our money for medical school)

Again it is your call. In my case it was just the judge, My wife and I. We even had the judge take pictures for us with the signed marriage certificate lol. I guess that was a good move cuz we might need it at the interview for proof of bonafide marriage.

After getting married are there any things we should consider?

Well like Canadian_Wife well said just start thinking about the immigration process. It is not anything complicated when you do your research but it can be very tricky. So you gotta prepare yoourself and don't be affraid to ask question.

Regarding change of citizenship:

When will my gf be eligible to change her immigration status, which forms are part of the process?

In her case since it is similar to mine, you will need to file I-130 (petion for alien relative) for her since you are the USC: along with it you will need to file G-325A (Biographic Information + 1 passport style photo of you) wich has 4 page that are basically the same. She will also need to fill G-325A( wich again has 4 pages that are the same + 1 photo passport style of her)

She will have to fill I-485 adjustment to permanent resident. Along with that she will need a sponsor and fill I-864 (Affidavit of Support Under Section 213A of the Act). Also she will need to have her vaccination record book that she will need to do the Report of Medical Examination and Vaccination Record (I-693) with a civil surgeon( you can find the list of all the civil surgeons near where you live by going to the USCIS.GOV website): If she does not have her medical record she might have to ask her parents to send her one or else the civil surgeon would have to give her the shots that are required ( pretty hefty price tag lol). Also she will need to file another g-325a( with of course another 1 photo passport style of her). Next are the necessary but not obligatory I-765 ( EAD aka Work permit in case she wanna work while waiting for GC, I did file for it cuz I am now F-1 out of status ) and I-131 (Application for Travel Document in case she wanna travel while waiting for her Green card, I did not fill one cuz I do not have plan to travel while waiting for GC) all of witch do not carry additional cost when adjusting.

I don't know if I have forgotten anything on my list. Check in the section on how to adjust DO IT YOURSELF PART OF THE FORUM. Another way would be to hire an attorney ( Expensive!!! and not necessary when you are well informed) and not have to worry about what document to file because they would have them. Now be carefull because there are some out htere that do not know what they are doing.

For all these form you can find on the USCIS.GOV website under IMMIGRATION FORMS. Download also the instructions on how to file each of them under the same link (very helpfull).

The fees are $355 for I-130 package( along with the g-325a from you and g-325a from your wife and 1 pic from you and 1 pic from your wife) and $1010 for I-485 package( along with another G-325a for your wife, I-765, I-693, I-864, I-131 if she plans on traveling in case her F-1 visa is expired in her passport that way she won't have to re apply for another visa when she wanna come back and worry about I-20 and stuff. She will need about 5 photo passport style with the I-485 package.

Do not take my word for it and please do your research. TRUST ME ! It'll help to research lol...

Are there any requirements needed of me in order for her immigration status to change (employment, salary reqs, etc)

That is what the I-864 (Affidavit of Support Under Section 213A of the Act. She will need you to make 125% over the poverty line of the current year. You can find that on USCIS website too under IMMIGRATION FORMS>Poverty Guidelines aka I-864P ( since it is you and your wife that would be for 2 people and according to the sate you live in ( different for each state) Now if you don't make that much money you can use yalls assets ( bank accounts, property etc...) I see that you have 200k saved up that should be more than enough even tho it is for medical school, it is still your money. Unless I'm wrong on that anyone??? Another way would be to have a friend or parent to be a joint sponsor in witch case they will also need to file I-864 ( In my case it was hard to find one because basically they are lyable for the beneficiary( your wife) in case she recieves any benefits from the gov until she becomes a USC( really not a big deal but really hard to find someone willing to basically co-sign it)

I've never been fond of taking pictures, so we unfortunately don't have too many pictures of us together, will this raise any red flags?

I am the same way too but I had to do it because that is something the Officer is intersted in in most case to believe the marriage so if she meets your parents or you meet hers just take a pic or two. Also if you do not have a lot of pics, have family and friends write letters saying that they know of your union and your relationship. That always works. Also e-mails and anything that proves that you are in a real relationship. You say that you lived together before marriage, anything from that period is good as gold( rental, valentine card marriage card anything that talks about you two)

Regarding finances:

When will she be eligible for in-state resident tuition?

Canadian ansered that.

Will there be any taxes or limitations on the money sent to her from her family?

I don't know anything about that. I know I have never had any problem with my dad sending me funds to pay school or living expenses.

Will her immigration status affect our ability to purchase a home in the near future? (current credit crisis notwithstanding)

It will be best if she gets her GC. Life is so much easier after. There are too many limitation with the F-1 status.

Thank you for taking the time to read this and help me out

You are more than welcome Brother. Welcome to our world ( of wait and pray and panic attacks lol!!!)

-M&C