Just got married and now need to know which visa to file( K3?)

[polybeaga 0]

Hello,

I was born in Brazil and I have been living in the US since December of 2005 as a full time student. I took 2 years of ESL classes, and in 1 and 1/2 year I will be graduating. My husband and I have known each other for almost 4 years(since July 2006) and we have been married for 2 weeks:) We are about to start the whole process with the immigration documents; however, we are a little confused on which visa we should file and so on. Can someone help us? My visa is expired but I have been keeping my student status legal(F1) which means I can stay in the US as long as I keep my student status legal. Should we file for the K3?

Thank you:)

[pushbrk 12,898]

Hello,

I was born in Brazil and I have been living in the US since December of 2005 as a full time student. I took 2 years of ESL classes, and in 1 and 1/2 year I will be graduating. My husband and I have known each other for almost 4 years(since July 2006) and we have been married for 2 weeks:) We are about to start the whole process with the immigration documents; however, we are a little confused on which visa we should file and so on. Can someone help us? My visa is expired but I have been keeping my student status legal(F1) which means I can stay in the US as long as I keep my student status legal. Should we file for the K3?

Thank you:)

Visas are used to enter countries. Since you are here already and if you have remained here since your marriage date, follow the adjustment of status guide. You'll simply adjust your status to permanent resident, based on your marriage to a US Citizen.

[polybeaga 0]

hi:)After reading a lot about it, I was sure that i didn't need it because as you have said: "visa is used to enter countries"; however, I want to be 100% sure that I wont need the K3. By the way, I noticed that you filed for Adjustment of Status so can you briefly tell me your experience? Did you have the same case(student marring an US citizen)?

Visas are used to enter countries. Since you are here already and if you have remained here since your marriage date, follow the adjustment of status guide. You'll simply adjust your status to permanent resident, based on your marriage to a US Citizen.

[pushbrk 12,898]

Please read again. If you were here legally when you married and have remained in the US since the marriage, you don't need a visa. (because visas are used to enter countries an you are already here) Click on the word "Guides" at the top of any page here and start studying the adjustment of status guide. Then download the applicable forms and their instructions. When you've studied the guide and form instructions, you may have some remaining questions. That's what we're here for.

[HeatDeath 430]

Hello,

I was born in Brazil and I have been living in the US since December of 2005 as a full time student. I took 2 years of ESL classes, and in 1 and 1/2 year I will be graduating. My husband and I have known each other for almost 4 years(since July 2006) and we have been married for 2 weeks:) We are about to start the whole process with the immigration documents; however, we are a little confused on which visa we should file and so on. Can someone help us? My visa is expired but I have been keeping my student status legal(F1) which means I can stay in the US as long as I keep my student status legal. Should we file for the K3?

Thank you:)

As pushbrk said, since you're already in the US on a legal status, you don't need a visa. What you need to do is adjust that status to Permanent Residence. You'll do that by filing an I-130 and an I-485. It is also a very good idea (and has no additional cost, except an hour or two of prep time) to file an I-765 (EAD application) and an I-131 application for an AP travel document. [There are some important warnings you'll see around here about using an AP document if you have accumulated more than 6 months of out of status time, but they do not appear to apply to you.]

These two forms will get you documents that will allow you to work in the US, and travel [temporarily] outside the US while the green card application is being processed. The green card will replace bot the EAD and the AP document when it arrives, allowing you to work and travel (for reasonable periods) freely.

Do NOT leave the US unless you have either an AP document or a GC in your hand. Do not work unless you have either a valid EAD or a GC in your hand.

Follow the Guides and Example forms on this site and everything should be fairly straight-forward - at least as much as US immigration ever is

[polybeaga 0]

Thank you so much for clarifying your answers!!!!!!!! Everything that you wrote was very helpful. I will forward it to my husband so we can add it to our research:) Have a wonderful day!!!!

As pushbrk said, since you're already in the US on a legal status, you don't need a visa. What you need to do is adjust that status to Permanent Residence. You'll do that by filing an I-130 and an I-485. It is also a very good idea (and has no additional cost, except an hour or two of prep time) to file an I-765 (EAD application) and an I-131 application for an AP travel document. [There are some important warnings you'll see around here about using an AP document if you have accumulated more than 6 months of out of status time, but they do not appear to apply to you.]

These two forms will get you documents that will allow you to work in the US, and travel [temporarily] outside the US while the green card application is being processed. The green card will replace bot the EAD and the AP document when it arrives, allowing you to work and travel (for reasonable periods) freely.

Do NOT leave the US unless you have either an AP document or a GC in your hand. Do not work unless you have either a valid EAD or a GC in your hand.

Follow the Guides and Example forms on this site and everything should be fairly straight-forward - at least as much as US immigration ever is

[sachinky 465]

File for AOS from your F-1 student visa. Read the guides. They are quite helpful.

[pushbrk 12,898]

Thank you so much for clarifying your answers!!!!!!!! Everything that you wrote was very helpful. I will forward it to my husband so we can add it to our research:) Have a wonderful day!!!!

The guides and form instructions do a great job of clarifying answers too and study of them is critical to your success. Do not rely on spoon fed answers to questions without doing the homework as you'll never know what you didn't know to ask.