Plz Help- Marrying someone who is out of status staying in USA

[sourcactus80 0]

Hello,

I am an American. My fiance, whom I have been dating for 10 years, is from South Korea and moved here when he was 14 to study abroad. He attended middle school, high school and attended college for 3 years. He currently has an F-1 visa (student visa) but he left school 2 years ago and has not been in school since. Currently he is not working or earning any income, which is not allowed with his type of visa. He is now out of status because his I-20 expired due to the fact that he is out of school. He still has a valid passport and U.S. visa, however, since the type of his U.S. visa is F-1 (student visa) his I-20 is no longer valid.

I understand that he cannot leave the country because he will incur a ban and not be able to return for a number of years. For us to get married, what is the process that we need to go about? The main concern is not that an American is marrying a foreigner, but rather that an American is marrying someone who is out of status and staying in the U.S.

The main question I have, along with the marriage process, Does he have to regain his legal status in this country before he can marry me? Or, ideally, Can we get married and then regain his legal status in the process?

Please help us with the process we need to go about in order to fix this situation. We want to know every step of the way in great detail as far as forms etc.

Thank you!

[sachinky 465]

Yes, you may file for AOS from his student visa.

Read the guides on how to do so.

[canadian_wife 1,829]

Sounds like you'll qualify for AOS based on him entering as a student.

However, you'll need to marry first and then submit the G-325A, the I-130, and the I-485 ~ plus supporting doucments. Follow the adjustment of status (although it may say from K visas, it still applies to you) guides

GOod luck

[Kevin&Jessica 3]

Hello,

I am an American. My fiance, whom I have been dating for 10 years, is from South Korea and moved here when he was 14 to study abroad. He attended middle school, high school and attended college for 3 years. He currently has an F-1 visa (student visa) but he left school 2 years ago and has not been in school since. Currently he is not working or earning any income, which is not allowed with his type of visa. He is now out of status because his I-20 expired due to the fact that he is out of school. He still has a valid passport and U.S. visa, however, since the type of his U.S. visa is F-1 (student visa) his I-20 is no longer valid.

I understand that he cannot leave the country because he will incur a ban and not be able to return for a number of years. For us to get married, what is the process that we need to go about? The main concern is not that an American is marrying a foreigner, but rather that an American is marrying someone who is out of status and staying in the U.S.

The main question I have, along with the marriage process, Does he have to regain his legal status in this country before he can marry me? Or, ideally, Can we get married and then regain his legal status in the process?

Please help us with the process we need to go about in order to fix this situation. We want to know every step of the way in great detail as far as forms etc.

Thank you!

not sure on the f1 visa however i entered on the visa waiver in 04 i just got my 2yr conditional greencard .. i didnt enter illegally so it was at immigrations discretion as to me staying .. something ive noticed on here people forget immigration has alot of discretion at there disposal .. howerver in the case of a studant visa i do belive they r stricture id advise hiring a lawyer (thomas gilbert in cleveland ohio) handled mine and was with me threw every step a very good lawyer

[sourcactus80 0]

Can someone like my fiance who is "out of status" due to his expired I-20, go through AOS procedure just like people who have valid status? What I want to know is: Can someone without a valid I-20 go through the same procedure as someone with a valid I-20?

More details will be much more helpful!

Thanks!

[payxibka 10,047]

Not a K-1 Fiance(e) visa topic... moving this thread

[engineer21 51]

Can someone like my fiance who is "out of status" due to his expired I-20, go through AOS procedure just like people who have valid status? What I want to know is: Can someone without a valid I-20 go through the same procedure as someone with a valid I-20?

More details will be much more helpful!

Thanks!

Yes, being out of status/overstaying, is usually forgiven when a foreigner marries a USC.

As long as your fiance hasn't done anything criminal, it should be pretty straight forward

Make sure he doesn't leave the country until green card is in hand.

Yes he can go through the AOS process without a valid i-20.

What is important for USCIS is that he enterred the country legally, hasn't been convicted of any crime, hasn't worked illegally/used a fraudulent SSN or someone else's SSN.. stuff like that.

Good luck!

[trillium13 84]

Can someone like my fiance who is "out of status" due to his expired I-20, go through AOS procedure just like people who have valid status? What I want to know is: Can someone without a valid I-20 go through the same procedure as someone with a valid I-20?

More details will be much more helpful!

Thanks!

Yes. He entered with inspection so he is eligible, as long as he is married to you, a USC.

This guide will tell you much of what you need to know:

http://www.visajourney.com/content/i130guide2

[sourcactus80 0]

Thank you very much for all the help!

First step would be "getting married".

Now Could someone please explain thoroughly what needs to be done(document, etc) in which order?

Thanks.

[USUY2010 4]

You need to apply for I-130 (application for relative) and your husband will need to apply for I-485 (application for adjustment of status, together with I-864 affidavit of support, I-765 for a work permit and G-1145 to receive e-notifications). You may also apply for I-131 (advance parole) but since he has overstayed I don't know if he'll be able to return, so best would be to just stay here until he gets his green card.

I-130 costs $355 and I-485 costs $1010 (including the fee for biometrics). trillium13 provided for you the link with all the forms and instructions. You may also want to visit the USCIS site to download the actual forms, just to make sure they're not outdated.

Congratulations on the marriage! and happy filing!

[sourcactus80 0]

Thank you for the reply.

How quickly can we start all the applications after the marriage? Is there a waiting period after the actual date of the marriage or can we start the process right away? I would like to avoid any unnecessary suspicions.

Thanks.

[Darnell 8,479]

as soon as you have 'valid marriage certificate' in hand, you can then 'start right away'.

IMO, though, it's a really good idea to PRACTICE filling out the forms.

[lance1002 0]

All you have to do is make sure that both of you have all the documents needed. You can get married anytime then after you get your marriage certificate you can file for I-130 petition for alien relative since he is your spouse already together with G325A and I-485 adjustment of status. When the I-130 gets approved then you have to go through an interview before they adjust his status. The whole process of filing and approval takes 6 months with an average of 4 months depending if they need any more information.

Hope this helps!

[trillium13 84]

as soon as you have 'valid marriage certificate' in hand, you can then 'start right away'.

IMO, though, it's a really good idea to PRACTICE filling out the forms.

The form filling process (along with collecting necessary evidence) will take you some time. You can start working on all that paperwork at any time. Suggest sooner rather than later, as your fiance is still out of status even after you are married. I can also assure you that many questions will come up along the way.