Changing from F1

[eScotty 0]

Hi everyone,

I got married to my wife in March after we were together for nearly 5 years. I've been studying in the US for three years and I'm about to graduate from law school. I don't yet have a job and was considering all of my options for immigration (UK to US).

It's strange, when I looked at this website and few dozen others the path for adjusting my status seemed really clear but when I tried to look at it today I just got rather lost so I thought I'd post and try to get some advice that was a little more tailored to my situation.

Essentially my question is, what should I do?

A couple of points I think are important from what I've read:

1. My wife is about to graduate from college (she's 22, I'm 24) and is also looking for a job. She'll find one I'm sure, she has a brilliant resume. She's a US citizen.

2. She will probably meet the poverty requirements when she does get a job but she doesn't right now - We could very likely have her parents cosponsor me - They wouldn't be taking any risk because I'd be able to support myself easily enough once I was permitted to work and my parents would in reality support me in the meantime.

3. We have plenty of documents and friends who could testify to us having a valid marriage etc

4. My F1 status lasts a little while longer so I should be in time to still have that if my filings require me to be here on a valid visa still.

Forms and filings have been ringing around my head but I haven't been able to put them in order for my situation yet. K3, I-130, IR1, CR1 - Honestly once I have a definite idea of which forms and what process I need to go through, the State Departments website will be really helpful in getting me through the process. Can you guys help me get there?

Thanks in advance

Edited May 11, 2010 by eScotty

[laf66 0]

Congratulations on graduating from law school! Since you are already in the U.S., and probably don't plan on leaving the country after you graduate, you will be filing for adjustment of status. You need the following forms: I-130 ($355, your spouse will actually complete this form) and I-485 ($1010). You can also complete I-765 (work authorization) and I-131 (for travel) at no additional cost.

Edited May 11, 2010 by laf66

[laf66 0]

I should mention that when you read the instructions for the I-485 you'll see that there are a couple more forms that need to be completed and sent with it; the I-864 which is an Affidavit of Support and the I-693, which is a Medical Exam and Vaccination Record completed by a civil surgeon.

[eScotty 0]

Thank you! And thanks for the information. Just to be clear, what would I be adjusting my status to at the end of that process?

Looks like you went through or are going through a similar process so thanks for helping me out

[laf66 0]

You'll be adjusting from F-1 to permanent resident status (green card). Since you've been married for less than 2 years you will actually receive conditional permanent resident status for 2 years. 90 days or less before the 2-year conditional residence expires, you should file form I-751 Petition to Remove Conditions on Residence to receive a 10-yr permanent resident card. Good luck!

By the way, once you've filed, you will no longer be on F-1. That won't be a problem though since you can legally stay in the country while your AOS is pending.