F1 marriage

[Winonan 3]

OK I have several questions. I'm currently a F1 student. I'm going to graduate this may and my visa is valid till Nov. I already have a social security card (on campus job) and driver's license. My gf and I are planning to get married in 3 weeks. She lives in Wisconsin, I go to school in Minnesota (3 hours apart). She used to go to my school (graduated). She has a job with 28k/year. She lives with her grandma to save money for now.

Now if we get married (civil) in 3 weeks, would I still have to file for OPT after I file my I-130 and I485 (includes work permit right?). What is this medical I see people talking about? Since I have been here for 4 years in school now, do I still need that? Also say we file all the forms right after the wedding, am I going to have to be physically present (for any procedures) for the next 2 months while I'm finishing school? Does her staying with her grandma and me for awhile after I graduate effect the process in any way?

Replies would be appreciated

Thanks

[jackal1986 0]

OK I have several questions. I'm currently a F1 student. I'm going to graduate this may and my visa is valid till Nov. I already have a social security card (on campus job) and driver's license. My gf and I are planning to get married in 3 weeks. She lives in Wisconsin, I go to school in Minnesota (3 hours apart). She used to go to my school (graduated). She has a job with 28k/year. She lives with her grandma to save money for now.

Now if we get married (civil) in 3 weeks, would I still have to file for OPT after I file my I-130 and I485 (includes work permit right?). What is this medical I see people talking about? Since I have been here for 4 years in school now, do I still need that? Also say we file all the forms right after the wedding, am I going to have to be physically present (for any procedures) for the next 2 months while I'm finishing school? Does her staying with her grandma and me for awhile after I graduate effect the process in any way?

Replies would be appreciated

Thanks

1.The I485 and I130 do not automatically include your work auth, you have to file I765 along with the packet, BUT the concept here is the I485 and I130 make you automatically eligible to apply for work authorization, without any additional fees. Im sure you know that I765 costs $340, so you would save that much if you file it with the first two forms. As far as OPT is concerned, can't really say anything about that coz I don't know about it.

2. The medical is done as a requirement when you file this whole packet, use form I693 for this. It consists of a number of shots and tests that need to be performed before USCIS can review and/or approve your app. Do a search for USCIS approved CIVIL SURGEONS in your area to perform this. Fees may vary based on gender, location, blah blah. Call around for the best price. They perform all these tests on you, and fill out the form and seal it, for you to mail in with your packet. DO NOT OPEN. If you want a copy for your own records, as for a separate one, but USCIS will not accept the form unless it has been sealed by the CIVIL SURGEON...so yes, you do need to do the medical.

3. When you say "physically present for any procedures" I don't really know what procedures you are referring to, but I'll take a stab at it anyways. After the wedding, you have to do the physical before filing. Just look up the nearest place to you, and you don't have to travel to her city for this. Then you file, you receive a notice when they get the packet, your notice to go for your Biometrics (fingerprint) appointment, and your EAD (work permit). The average time for this is usually 2 months anyways, but could be less or more. By the way, the Biometrics appt will be assigned in the city/state from where you file, which I'm guessing is gonna be in ur gf's city coz that's where you two will live after graduation right? So that's one thing you have to be present for, since it's you taking the prints and not your gf. Lastly, if everything goes well, you will be called for an interview, usually 3-6 months after filing (could be less or more), and BOTH of you have to be physically present. It is very rare that they will not require both to be present (if at all ), and you're their main prioroty since you're basically the one asking them to trust you with a GC, she's already a citizen. In any case, you may already be done with school by then.

4. I don't see why her living with her grandma and you should affect anything, the main thing they are concerned about is making sure you two are in a bonafide marriage, which you can prove by sending a joint lease agreement or joint bank statement, or other stuff listed on the website. The only other thing it might possible have an effect on is filing the I864 affidavit of support, where she has to prove she is able to support you, and her grandma, if her grandma is listed as one of her dependents. Look up the I864 instructions to see if her income is enough to support you both, if that was your question. Otherwise, I don't see any other way it should affect the process.

Hope I've answered some of your concerns, let me know if there's anything else I can address. All the best!

[Winonan 3]

I see. I just checked, she makes well over the poverty line. Her grandma is not her dependent, she is actually very well off. So i assume I can get the medical before I get married in any city other than my girlfriend's current residence? The closest one to her city is 80 miles away, but there is one 30 mins away from where i go to school to.

Edit: I just saw they need my birth certificate. Well I don't have one. Won't my passport suffice?

Edited February 16, 2010 by Winonan

[jackal1986 0]

That's correct, you can get the medical done in any city other than where she lives. The form only specifies that the exam has to have been performed less than a year prior to filing date. However, while there is no specific restriction specified in the form on whether it can be done before the wedding or not, I would advise you to just wait until after the wedding. Reason being, this physical is for immigration purposes, right? And you can't file your paperwork until after the marriage. I wouldn't try to raise too many questions by having it performed outside of the marriage, coz we never know what complications USCIS may give you. Remember all the paperwork is dated. This is just my opinion, I hope someone has some more founded info on that topic, but I would just wait till after, you don't want to add too many unnecessary twists to the process. Keep researching on that though, maybe try calling the Civil Surgeons themselves and asking them if that's possible.

I do not have a birth certificate. What can I provide instead?

If an applicant does not have a birth certificate, then s/he should provide two affidavits affirming the applicant’s date of birth, place of birth, and parent’s name. The affidavits should be based on personal knowledge from persons who were present at the time of the birth and who were at least ten years old at the time of the birth. In addition the applicant should provide an official statement from the local government body affirming that the birth was not registered.

The best evidence for one who was born in India, whose birth was not registered is a certificate of nonavailability from the local government, like a Municipality or Panchayat, and two affidavits.

While secondary evidence (e.g. school leaving certificates, baptismal records, medical records, etc.) should also be submitted, either a birth certificate or a certificate of nonavailability plus two affidavits are required. It is quite risky to proceed with secondary evidence alone.

I got this info from another website. I guess it depends on your homecountry, but I would try and contact the necessary authorities to get a copy of it, or if your birth was not registered get that cert of nonavailability mentioned above plus 2 affidavits from people present and above 10yrs when you were born (parents?), or try sending your passport to consulate that serves your area so they can make you a birth cert based on info on your passport. From my research these are the methods most people have used, personally I just got my parents to obtain a copy from the records dept in Kenya, and mail it out to me.

I can guide you to the website where I found that info if you need more assistance on the issue