Student Visa merging into Fiancee visa...

[Anh map 2,098]

why do you think she has a weapon in her avatar? not just for cutting through the red tape

[canuckcowgirl 0]

why do you think she has a weapon in her avatar? not just for cutting through the red tape

Hahaha... very cute

[canuckcowgirl 0]

Here's another question -

Can an applicant be sent home during the "adjustment to status" stage?

Let's say I'm at school, we get married, apply for adjustment to status and during that wait time, my course ends and the student visa in turn, expires.

Would I be sent home to Canada to wait it out, even though we were now husband and wife?

I'd be ok about waiting in Canada if I had to... if anyone has any idea's about it, I'd be grateful!

I also know that if a person is in the States on a student visa and their F-1 expires but they still continue with studies, their visa automatically extends and remains valid. However, if their visa has expired, they continue their studies, then decide to leave the country for a week, they will forfeit that extension and be denied re-entry even if their school course is still active.

If the case is that I will have to return to Canada to wait for the adjustment to status, perhaps an option would be to "extend" my F-1 visa by continuing with another course/study... ??? then just go to school and wait it out while still in the States

[elmcitymaven 9,712]

I'm moving this one to the AOS from Work, Student and Tourist Visas -- I think you might get some more answers in there.

[minnew 4]

Here's another question -

Can an applicant be sent home during the "adjustment to status" stage?

Let's say I'm at school, we get married, apply for adjustment to status and during that wait time, my course ends and the student visa in turn, expires.

Would I be sent home to Canada to wait it out, even though we were now husband and wife?

I'd be ok about waiting in Canada if I had to... if anyone has any idea's about it, I'd be grateful!

I also know that if a person is in the States on a student visa and their F-1 expires but they still continue with studies, their visa automatically extends and remains valid. However, if their visa has expired, they continue their studies, then decide to leave the country for a week, they will forfeit that extension and be denied re-entry even if their school course is still active.

If the case is that I will have to return to Canada to wait for the adjustment to status, perhaps an option would be to "extend" my F-1 visa by continuing with another course/study... ??? then just go to school and wait it out while still in the States

Hi there, I was also on an F-1 visa from Canada and we looked at the AOS route before I left the US to go home and 6 months later do K-1. As long as you have married and applied for AOS then if your F-1 visa expires you will not be sent home packing. You don't technically have an immigration status once your F-1 visa expires, you become "AOS pending." You are not allowed to go home either though, without Advanced Parole, something that you apply for with your AOS (I-131). Ok, you are allowed, BUT if you do go home WITHOUT the AP you will most likely be denied re-entry to the US.

If the continue with their studies yes you can extend it, I had to extend for 1 year due to a change of major, but it does not AUTOMATICALLY. The school, in my case had to update my SEVIS (I-20) to reflect the new end date. So if you extend but it does not say so on your SEVIS, you are up the creek.

As you will hear here alot, its all about intent at entry to the U.S. It doesn't matter if its your first entry or your 20th entry on an F-1 visa or any other kind of visa if you have intent to marry a USC, you could be committing immigration fraud.

[canuckcowgirl 0]

Here's another question -

Can an applicant be sent home during the "adjustment to status" stage?

Let's say I'm at school, we get married, apply for adjustment to status and during that wait time, my course ends and the student visa in turn, expires.

Would I be sent home to Canada to wait it out, even though we were now husband and wife?

I'd be ok about waiting in Canada if I had to... if anyone has any idea's about it, I'd be grateful!

I also know that if a person is in the States on a student visa and their F-1 expires but they still continue with studies, their visa automatically extends and remains valid. However, if their visa has expired, they continue their studies, then decide to leave the country for a week, they will forfeit that extension and be denied re-entry even if their school course is still active.

If the case is that I will have to return to Canada to wait for the adjustment to status, perhaps an option would be to "extend" my F-1 visa by continuing with another course/study... ??? then just go to school and wait it out while still in the States

Hi there, I was also on an F-1 visa from Canada and we looked at the AOS route before I left the US to go home and 6 months later do K-1. As long as you have married and applied for AOS then if your F-1 visa expires you will not be sent home packing. You don't technically have an immigration status once your F-1 visa expires, you become "AOS pending." You are not allowed to go home either though, without Advanced Parole, something that you apply for with your AOS (I-131). Ok, you are allowed, BUT if you do go home WITHOUT the AP you will most likely be denied re-entry to the US.

If the continue with their studies yes you can extend it, I had to extend for 1 year due to a change of major, but it does not AUTOMATICALLY. The school, in my case had to update my SEVIS (I-20) to reflect the new end date. So if you extend but it does not say so on your SEVIS, you are up the creek.

As you will hear here alot, its all about intent at entry to the U.S. It doesn't matter if its your first entry or your 20th entry on an F-1 visa or any other kind of visa if you have intent to marry a USC, you could be committing immigration fraud.

Thanks Minnew... it's so great and helpful to hear stories of others... especially when they are so similar.

Good to know about updating SEVIS.. I will be sure to keep that in mind.

You are so right - I do read about the immigration fraud thing alot on here and it's good that it is repeatedly branded into everyone's brain and conscience. Keeps us all on the right track

Canadian_Wife had posted some great links on another thread and I am becoming more clear on options and the entire process...

Thanks to all!

[JERIII 8]

Who knows about costs involved to adjust status? I've heard a $1000? Is this accurate?

$1010 to be correct. Plus the cost of your medical exam - don't know how much that is.

We just went through the F-1 -> Green Card process.

It's actually a little more. $1010 will cover the AOS form, but you will need a simultaneous I-130, which is $355. My wife's medical exam was about $300, but that varies a lot from place to place.

But you've got lots of time before you need to worry about all this, enjoy the ride.

[canuckcowgirl 0]

Who knows about costs involved to adjust status? I've heard a $1000? Is this accurate?

$1010 to be correct. Plus the cost of your medical exam - don't know how much that is.

We just went through the F-1 -> Green Card process.

It's actually a little more. $1010 will cover the AOS form, but you will need a simultaneous I-130, which is $355. My wife's medical exam was about $300, but that varies a lot from place to place.

But you've got lots of time before you need to worry about all this, enjoy the ride.

I was wondering about that....

Please excuse my ignorance, but does an I-130 need to be filed through the F1/Green card process? Wouldn't one just file Form I-485 (Application to Register Permanent Residence or Adjust Status)?

I know that you are going through this at the mo, and I trust the process you are taking. I just wonder if I-130 is completely necessary? Maybe I don't fully understand I-130...

[canuckcowgirl 0]

Let me try to get this straight...

So the I-130 is filed as well at the I-485 at the same time.

I-130 is the petition for alien relative

I-485 is Permanent Residence/AOS aka green card

But if someone is already in the US on an F-1 student visa, then they marry, why would the US spouse need to petition for their foreign spouse/student seeing that they are already in the country?

I'm completely dumb right now..

[Chica Yeyé 41]

LOL! Do you have an evil reputation on here? I wouldn't have known it. That's ok... I'm a professional a$$hole so I can take it hehehehe...

Thanks for all the advice and risking all of your street cred on here by being nice to me

O RLY??? Bring it, beeeeatch

Let me try to get this straight...

So the I-130 is filed as well at the I-485 at the same time.

I-130 is the petition for alien relative

I-485 is Permanent Residence/AOS aka green card

But if someone is already in the US on an F-1 student visa, then they marry, why would the US spouse need to petition for their foreign spouse/student seeing that they are already in the country?

I'm completely dumb right now..

The USC petitions for you wherever you are. It is legalese, don't fret about it.

I have PMed my brother again -this time including colorful Spanish insults- so he should chime in soon.

[JERIII 8]

I was wondering about that....

Please excuse my ignorance, but does an I-130 need to be filed through the F1/Green card process? Wouldn't one just file Form I-485 (Application to Register Permanent Residence or Adjust Status)?

I know that you are going through this at the mo, and I trust the process you are taking. I just wonder if I-130 is completely necessary? Maybe I don't fully understand I-130...

I'm not going through it at the moment, I've already finished it.

In order to file an I-485, there has to be an immigrant visa/number assigned to the petitioner (for the I-485, that's you, the

intending immigrant). You don't have such a visa simply by virtue of the F-1, which is not an immigrant visa. Only your citizen spouse can request such a visa for you, and that's what an I-130 does. In the I-130, the citizen is filing a petition on behalf of his spouse. When the I-130 is granted and you (the non-citizen) have been granted an immediately available visa/ number (immediately available because you are the spouse of a USC) then the I-485 petition can proceed. The USCIS standard procedure is to file the two petitions together, although one (I-130) technically comes before the other (I-485).

Now, that may not make sense, indeed I'm not at all sure that it does, but that it the procedure and the law. If the spouse of a USC is in the US and they want to do AOS, and the spouse did not enter on a fiance/spousal visa, they need both an I-130 and an I-485 (and a bunch of other stuff).

The I-130 can also be used to petition for other relatives. For some of those, granting the I-130 does NOT result in an immediately available visa. The I-485 can also be used for a bunch of other stuff.

[canuckcowgirl 0]

I was wondering about that....

Please excuse my ignorance, but does an I-130 need to be filed through the F1/Green card process? Wouldn't one just file Form I-485 (Application to Register Permanent Residence or Adjust Status)?

I know that you are going through this at the mo, and I trust the process you are taking. I just wonder if I-130 is completely necessary? Maybe I don't fully understand I-130...

I'm not going through it at the moment, I've already finished it.

In order to file an I-485, there has to be an immigrant visa/number assigned to the petitioner (for the I-485, that's you, the

intending immigrant). You don't have such a visa simply by virtue of the F-1, which is not an immigrant visa. Only your citizen spouse can request such a visa for you, and that's what an I-130 does. In the I-130, the citizen is filing a petition on behalf of his spouse. When the I-130 is granted and you (the non-citizen) have been granted an immediately available visa/ number (immediately available because you are the spouse of a USC) then the I-485 petition can proceed. The USCIS standard procedure is to file the two petitions together, although one (I-130) technically comes before the other (I-485).

Now, that may not make sense, indeed I'm not at all sure that it does, but that it the procedure and the law. If the spouse of a USC is in the US and they want to do AOS, and the spouse did not enter on a fiance/spousal visa, they need both an I-130 and an I-485 (and a bunch of other stuff).

The I-130 can also be used to petition for other relatives. For some of those, granting the I-130 does NOT result in an immediately available visa. The I-485 can also be used for a bunch of other stuff.

OK, gotcha! Much more clear now and yes it does make sense. All very well said - eloquent and articulate. Thanks for your patience.

I assumed one could file for I-485 using the F-1 visa/number assigned.

It's all so overwhelming!

Glad to hear you are done with it all... CONGRATS!!!!

Did it take very long from start to finish?

[canuckcowgirl 0]

LOL! Do you have an evil reputation on here? I wouldn't have known it. That's ok... I'm a professional a$$hole so I can take it hehehehe...

Thanks for all the advice and risking all of your street cred on here by being nice to me

O RLY??? Bring it, beeeeatch

Let me try to get this straight...

So the I-130 is filed as well at the I-485 at the same time.

I-130 is the petition for alien relative

I-485 is Permanent Residence/AOS aka green card

But if someone is already in the US on an F-1 student visa, then they marry, why would the US spouse need to petition for their foreign spouse/student seeing that they are already in the country?

I'm completely dumb right now..

The USC petitions for you wherever you are. It is legalese, don't fret about it.

I have PMed my brother again -this time including colorful Spanish insults- so he should chime in soon.

Haha! excellent! The only Spanish insult I know is "pinga"... sorry, is that totally rude?!

For an "online board b**ch*", I sure do like you.. hahaha...

[Chica Yeyé 41]

Haha! excellent! The only Spanish insult I know is "pinga"... sorry, is that totally rude?!

For an "online board b**ch*", I sure do like you.. hahaha...

[canuckcowgirl 0]

OMG... WONDER WOMAN?! You may actually be someone "worthy" of being my friend... LOL. I ADORE Wonder Woman!

It's official... you are a pretty f***ing cool chica

Now... haha!