Looking to Marry my F1 Fiancee

[Saul 0]

I am a USC through Birth, my parents were also. I am a full time engineering student and I work part-time.

My fiancee came to the US, to be an Au Pair in Virginia, as a J-1 in the beginning of 2008. We met 07/08 and she had already started the paperwork for F-1. She was approved for her F-1 transfer to a school in Chicago and left Virginia for about 6months. In September she moved in with me back in Virginia and transferred her F1 to the college I am attending. Last month we got engaged and I am hoping to get married fairly soon.

My questions are:

Once we are married do I just follow the AOS guide for a stateside spouse?

Does she have to pay for school and attend this coming semester even if we are married before it starts?

Is there anything I should be worried about?

Thanks for any help

Saul

[payxibka 10,047]

I am a USC through Birth, my parents were also. I am a full time engineering student and I work part-time.

My fiancee came to the US, to be an Au Pair in Virginia, as a J-1 in the beginning of 2008. We met 07/08 and she had already started the paperwork for F-1. She was approved for her F-1 transfer to a school in Chicago and left Virginia for about 6months. In September she moved in with me back in Virginia and transferred her F1 to the college I am attending. Last month we got engaged and I am hoping to get married fairly soon.

My questions are:

Once we are married do I just follow the AOS guide for a stateside spouse?

Does she have to pay for school and attend this coming semester even if we are married before it starts?

Is there anything I should be worried about?

Thanks for any help

Saul

Stateside AOS process including but not limited too the I-130, I-485, et al...

If I-485 is filed then she does not have to attend school unless of course she wants to....

[pinayangelus 0]

Does she have to pay for school and attend this coming semester even if we are married before it starts?

I was an F-1 visa student also, and I believe I can answer this question for you. Even if you are already married she cannot just quit school, I was married for 4 years and still had to keep my F-1 visa status, until we were able to file for AOS. You MUST file the AOS documents before she is able to quit school, and even before that she must speak to her International Student Advisor and ask what is required for her so she is able to drop her status. The requirements are different for each school, but reading some of the posts on VJ, some schools may require to see very little such as see the receipts (NOA-1's) from the AOS process, you can see my timeline, other schools however want to see the actual greencard IN HAND before they allow her to quit school. so it all depends, she should definitely speak to her advisor, so you can get an idea.

I am a USC through Birth, my parents were also. I am a full time engineering student and I work part-time.

My fiancee came to the US, to be an Au Pair in Virginia, as a J-1 in the beginning of 2008. We met 07/08 and she had already started the paperwork for F-1. She was approved for her F-1 transfer to a school in Chicago and left Virginia for about 6months. In September she moved in with me back in Virginia and transferred her F1 to the college I am attending. Last month we got engaged and I am hoping to get married fairly soon.

My questions are:

Once we are married do I just follow the AOS guide for a stateside spouse?

Does she have to pay for school and attend this coming semester even if we are married before it starts?

Is there anything I should be worried about?

Thanks for any help

Saul

[Saul 0]

wow thanks for the quick responses, I am emailing her adviser right now, because basically I cannot afford both school and the forms, so if filing the forms isn't enough to get her out of her school requirements then I will not hurry to file the AOS paperwork. Even a month or two will ease the financial situation.

I have one other question about the marriage license; she has a SS number, but it was assigned to her during her initial J-1 visa stay. Is that her permanent SS number? Should we use that with her passport/I94/I20 when we apply for the marriage license?

[payxibka 10,047]

wow thanks for the quick responses, I am emailing her adviser right now, because basically I cannot afford both school and the forms, so if filing the forms isn't enough to get her out of her school requirements then I will not hurry to file the AOS paperwork. Even a month or two will ease the financial situation.

I have one other question about the marriage license; she has a SS number, but it was assigned to her during her initial J-1 visa stay. Is that her permanent SS number? Should we use that with her passport/I94/I20 when we apply for the marriage license?

Each state is different...so look up your local process or ask at the license bureau... (your list however seems reasonable, for example in MN it was only her passport)

No such thing a temp SSN's.... SSN's are issued for life

[Saul 0]

So this is the response I got from the school official

"It is my understanding that we need to see the green card or a finalized adjustment of status – approved – I wish you both the very best!"

I can afford to file the AOS paperwork immediately however I cannot pay for the semester full time out-of-state. What happens if she does not study but we are married and have all the forms submitted?

[Jasman0717 9]

I lived by the guides here on VJ and never had any problems with the whole process. Good luck

[FortLaudy 10]

Hi ! I am also adjusting from F1 status, here's one really big bit of advise I can give you that's helping us out financially a great deal. My school allows me to take a WHOLE semester off if I have been in good academic standing and in F1 status for atleast one year, so we just filed the paper work and I've spoken to my Intl. student advisor and they looked into my background or whatever and granted me next semester off. So before deciding for her to just quit school, go speak to a counselor about legally taking a semester off while still being in F1 status.

[FortLaudy 10]

Also, as far as I've read, once you File for Ajustment of Status, on their receipt, you've basically relinquished, right there and then, your F1 visa, so you're in some kind of an immigration "limbo" until you're aproved.

However the colleges want the intl. student to stay "in status" - attending classes and full course loads and pay out of state fees etc. until you either have either the physical greencard in hand or I guess as someone mentioned some schools may accept the NOA's (I'm going to find out from my school about that ASAP actually!) as proof of AOS.

Just see if she can take a semester off and that should give you guys enough of a time frame to get all the proof/cards needed for her to qualify as "resident" and she can then attend the next semester (I guess as I will do, summer) as normal and pay in state fees...

My husband and I want to take a trip to Europe and South Africa as soon as we get that Advance Parole approval, so even more reason to have a semester off for some quality time with my family, besides I have not taken a vacation from school since I got here and I'm itching for a trip back home so bad!

[Saul 0]

Thanks for all the info folks,

I called USCIS and made sure I got firm answers about all this. Basically because my fiancee entered the country legally, and will not be out of status at the time of marriage, we can submit all the forms jointly and she can withdraw from school, she will loose her F1 status but will not be in jeopardy of deportation or anything like that.

So step 1 is down, now the real fun begins thanks again! VJ rocks!