Very confused. Fiance has OPT status and we'll be married soon. What next?

[ilovesaeri 0]

Hello,

I'm new to the forum but I've been searching and reading several things which has really not cleared up much. There are so many forms and numbers that I don't have any idea where to start and I'm in a bit of a panic because I'm really just getting this research started which is making things difficult. Thanks in advance for your support.

My fiance came from South Korea a few years ago as a tourist. She began going to school and changed her status to a student visa. She graduated last year and started working and is nearing the end of her OPT (Optional Practical Training) status. (I don't know if this is a visa or goes by another name.)

Her status expires on July 14th and we will be starting the civil-marriage process this week. We'll probably go to the court here near Los Angeles and get an application. Then when we get the application we're going to schedule an appointment to have a friend with us as a witness.

What I've learned so far is that we need a certified copy of the marriage certificate before we can start any kind of process to adjust her status and get a green card.

I have heard from her that the process is not complicated as well as I've been told the same thing by some people I know. However, I have a feeling that is not true.

Thanks for reading this far!

My questions are:

1. After filling out a marriage application how long does it take to get the application? Is that even how it works?

2. After being married by a judge (or some such person) how long does it take to get certified copies of the papers we need?

3. Do I need to follow the path of an I-130 form? If not, what should I start researching?

4. Does anyone know of any lawyers in LA that will answer questions for free?

5. Will the USCIS assist with these kinds of questions?

6. After receiving the certified documents and submitting whatever forms we need to submit how long does it take for her status to be updated. Or at the least, how long does it take for her to get some kind of temporary paper(s) that states she can continue to work and live here? We really really don't want her be in a state of limbo after July 14th for any amount of time.

Thanks so much for your help!!

Chris.

[sasaqlain 24]

Hello,

I'm new to the forum but I've been searching and reading several things which has really not cleared up much. There are so many forms and numbers that I don't have any idea where to start and I'm in a bit of a panic because I'm really just getting this research started which is making things difficult. Thanks in advance for your support.

My fiance came from South Korea a few years ago as a tourist. She began going to school and changed her status to a student visa. She graduated last year and started working and is nearing the end of her OPT (Optional Practical Training) status. (I don't know if this is a visa or goes by another name.)

Her status expires on July 14th and we will be starting the civil-marriage process this week. We'll probably go to the court here near Los Angeles and get an application. Then when we get the application we're going to schedule an appointment to have a friend with us as a witness.

What I've learned so far is that we need a certified copy of the marriage certificate before we can start any kind of process to adjust her status and get a green card.

I have heard from her that the process is not complicated as well as I've been told the same thing by some people I know. However, I have a feeling that is not true.

Thanks for reading this far!

My questions are:

1. After filling out a marriage application how long does it take to get the application? Is that even how it works?

2. After being married by a judge (or some such person) how long does it take to get certified copies of the papers we need?

3. Do I need to follow the path of an I-130 form? If not, what should I start researching?

4. Does anyone know of any lawyers in LA that will answer questions for free?

5. Will the USCIS assist with these kinds of questions?

6. After receiving the certified documents and submitting whatever forms we need to submit how long does it take for her status to be updated. Or at the least, how long does it take for her to get some kind of temporary paper(s) that states she can continue to work and live here? We really really don't want her be in a state of limbo after July 14th for any amount of time.

Thanks so much for your help!!

Chris.

I never submitted any certified copies. A copy of the marriage certificate is enough along with copies of other supporting documents. Yes, looking at your situation, she can adjust status from F-1(OPT). There seems to be an intent to remain in the US, since her OPT is expiring, and that may or may not cause a problem for you. You can get all the info about the forms from the USCIS website. Unfortunately, if you call them, you won't find them much helpful. You may contact a lawyer, which is a good idea, as long as its free, but I was a newbe like you and got all the info I needed from VisaJourney. There are nice people here that are willing to help you and share their experiences with you.

Here are the forms that you need, if you wish to apply for Adjustment of Status from the US.

I-130(Form G325a for yourself and your spouse)

I-693(Medical)

I-765(Work Authorization)

I-131(Advance Parole)

I-864(Affidavit of Support)

I-485(Adjust of Satus)

The guidelines with the forms will tell you what supporting documents are to be attached to each form/application. You can file it all concurrently and send the application to one address. Chicago Lockbox, with the appropriate fee. The entire process can take upto 5 months to a year, hopefully.

[rubyred 0]

1. & 2. to get married you first apply for a marriage license, and then when you actually get married you receive a marriage certificate. i'm not sure about LA, but in the East bay you can do these on the same day. ring your local county clerk's office and they will give you all the info you need. i don't think you can make an appointment so it's best to go on a day when you both have plenty of time (both of you must go to get the license) and go early in the morning, as soon as it opens. i would recommend getting two certified copies of your marriage certificate the day you are married - we were provided with these on the spot. that way you have one to keep in a safe place at home and one for you wife to use with her passport when she travels (until such time as she gets a new passport with her married name - if she's intending to change her name to yours).

3. you definitely need to fill out the I-130 -this is a petition for your wife, providing information to the government that she has a 'sponsor' for family-based immigration.

4. www.justanswers.com is a website where you can ask a lawyer questions for $15 each. now, this is NOT considered professional legal advice, BUT it can help put your mind at rest over little matters, or at least guide you in the right direction. if you have a spare few hundred dollars i would DEFINITELY recommend that you get your whole application package together (as soon as possible) and then find a REPUTABLE lawyer (this is important -immigration law changes frequently and can be very complicated, you want a lawyer that is extremely well-versed in its nuances) and go for a consultation visit -this should only cost $300 or so, and that way you can have a professional look over your package and make sure everything is correct.

5. if you follow the guides on here you'll see most of the forms you need. your wife will need to apply for the I-765, which is a work authorisation, to tide her over till her green card arrives. this is supposed to take no more than 90 days to arrive, from the date your application is received. please keep in mind that there are a number of forms to be filled out, and lots of supporting evidence to gather, and that this process takes a long time. you really need to get onto this as soon as possible.

good luck!

[ilovesaeri 0]

I never submitted any certified copies. A copy of the marriage certificate is enough along with copies of other supporting documents. Yes, looking at your situation, she can adjust status from F-1(OPT). There seems to be an intent to remain in the US, since her OPT is expiring, and that may or may not cause a problem for you. You can get all the info about the forms from the USCIS website. Unfortunately, if you call them, you won't find them much helpful. You may contact a lawyer, which is a good idea, as long as its free, but I was a newbe like you and got all the info I needed from VisaJourney. There are nice people here that are willing to help you and share their experiences with you.

Here are the forms that you need, if you wish to apply for Adjustment of Status from the US.

I-130(Form G325a for yourself and your spouse)

I-693(Medical)

I-765(Work Authorization)

I-131(Advance Parole)

I-864(Affidavit of Support)

I-485(Adjust of Satus)

The guidelines with the forms will tell you what supporting documents are to be attached to each form/application. You can file it all concurrently and send the application to one address. Chicago Lockbox, with the appropriate fee. The entire process can take upto 5 months to a year, hopefully.

Thanks for all your information saspak! I've collected all the links I need for those forms and will be printing them out later today to review them.

This leaves some clarification for questions 1 and 6.

1. When we get married at the court will we be given a marriage certificate that same day which we can make a copy of (a certified copy?) to submit? Or is there some kind of period in between while we wait for documents to be sent in the mail. If so, how long is that?

6. You said that intending to stay in the US could be a problem. In what ways could it NOT be a problem? Are there any other forms we can submit that will give her some kind of temporary worker status or extend her OPT so that she can stay here? Otherwise it seems like she's bound to be sent back to S. Korea.

Thanks again! You've been very helpful already!

Chris.

[ilovesaeri 0]

5. if you follow the guides on here you'll see most of the forms you need. your wife will need to apply for the I-765, which is a work authorisation, to tide her over till her green card arrives. this is supposed to take no more than 90 days to arrive, from the date your application is received. please keep in mind that there are a number of forms to be filled out, and lots of supporting evidence to gather, and that this process takes a long time. you really need to get onto this as soon as possible.

Thanks very much for all your information!!

Does the I-765 get submitted right after we have a marriage certificate to send with it?

Do you have any idea what happens in between July 14th (her status expiration) and the 90 days it may take for the work authorization to arrive?

Chris.

[rubyred 0]

when you file your package for AOS (ADJUSTMENT OF STATUS) you do not need to include certified copies of anything - just regular photocopies are fine. you WILL be required to bring all original documents to the interview, however.

you need to call your local courthouse to get information about how long a marriage license and cerficate will take. as i said, ours was immediate, but it can vary.

the I-765 (work authorisation): once your AOS package is received at USCIS your wife's status will be considered 'pending' and she won't be thrown out of the country. she won't be able to legally work in the gap between her current work authorisation and the receipt of her new work authorisation.

you send ALL forms together. also, this is important: your wife will need to get a medical exam done. the uscis website has a civil surgeon locator (the exam must be performed by a civil surgeon) which will help you find one in your area. i recommend calling around to find the best deal, as the prices can vary dramatically. now would be a good time to track down your wife's vaccination records from her home country in preparation for this. the medical exam needs to be completed and the correct form sent in with ALL the other forms.

the best thing for you to do right now is to ground yourself as much as possible in all of this immigration jargon - read EVERYTHING you can on this website. get your wife to read along too, if her english is sufficient. get friends involved. the more you know, the easier this will be.

Edited June 3, 2009 by rubyred