F-1 to marriage

[TazMan 0]

I don’t know where to post this so I’d start in the F-1 area. If this isn’t the appropriate area can a moderator move it to where it belongs?

I met a woman who came here a F-1 visa. She is attending a school not far from where I live. She came to the US right after New Year’s to begin school. Long story short we started dating and started to fall in love. Fast forward to the middle of the summer. She had to leave for a life threatening emergency to take care of her mom and went back to her home country. Her mom needed medical care and they didn’t have the funds to pay for the very expensive operation. I wiped out my entire savings to pay for her mom’s operation or she would die shortly.

I know this was no scam as I had received copies of her mom’s medical records to try and find the best treatment options. Her mom had the operation and so far seemed to survive very well considering the issue she had. We spoke frequently while apart about how short life is and how you must seize every moment. Being apart was pure hell for us as we had grown very attached to each other. Even though she is a student she is not a young 20 year old so it wasn’t something impulsive for her.

Her mom was finally well enough that she could plan to return to the US. She made plans and the day before she arrived my mom called to tell me she had cancer and need an operation immediately or she would likely die very quickly.

Suffice to say I was stunned. I had already went all the way across the US to meet my lady and then my mom drops that bombshell on me. I couldn’t easily fly back as I had already made extensive plans for my lady. My mom had the surgery and so far is doing as well as can be expected. I realized even more how fleeting life could be. So did my lady. We decided to get married immediately and did so.

Now I am not really sure the best way to proceed. She is concerned if she tells the school about her marriage it could have negative effects on her F-1 visa. She wanted to invite some of her immediate family to and visit her. Now she is worried because she married me that her family might be able to get a visa because she did something “bad” in the eyes of INS. It seems like all I need to do from reading here from my perspective is to just file AOS for her and apply for a social security number.

I have held off doing that as I am concerned about the issue she raises. Is there any sort of timeframe within I have to file an AOS? Could the fact she married me be a reason they would deny a visa for her family to come visit? Her school was willing to write a letter on her behalf as she has done well in school and always abided by the terms of her visa. She is also concerned about what now to do if she needs to return home to help her mom. Her F-1 visa expires at the end of this year but as I understand it she can stay in the US as long as she is still in school. It appears that would be subject to new rules if I file an AOS. Would we need to file the AOS and then ask for advanced parole assuming I understand this labyrinth correctly?

From what I’ve read she’s been in the US long enough that she shouldn’t question us about the validity of our relationship. We lived together beginning very shortly after we met. Anything else I should do to show the validity of our marriage? I tried to open a joint checking account but she doesn’t have a SSN so they didn’t want to do that. I plan to switch utility bills into our joint names. Any thought, advice, feedback, etc. is appreciated. I feel like so many of you that I have just jumped on some crazy merry-go-round and my life is at the whim of some faceless government official who wants to punish legal immigrants and do nothing about illegal ones.

[canadian_wife 1,822]

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

Here is the guide to adjust her status from student to permenant resident. No, as someone formerally an F-1 holder, it will not negatively affect her student status (as long as she is still abiding by the terms of her visa as long as necessary)

honestly, since you do not say what country she is from, it is difficult to tell whether her status in the US will affect family visiting. Sometimes yes, sometimes no. it depends if the country she is from has a history of those using a visitors visa to immigrate (which is fraud by the way) Also, the country she is from will help determine the amount of ties the family will need to show in order to visit.

Good luck

[YuAndDan 153]

You can marry and file an I-130 AND I-485 together to adjust status. Also add an I-131 for AP, and I-765 for work auth.

She came here with intent to go to school and is doing so, so should have NO problem adjusting status.

NOTE, once I-485 is filed DO NOT attempt to travel until having AP doc (I-131) in hand, F-1 may be multi-entry, however traveling while AOS is pending without AP WILL get the AOS canceled.

Moving.

[TazMan 0]

Thanks for all the feedback so far. She is from Ukraine which probably won't be a positive factor. From what I understand this country is typically held to a higher standard of ties to their home country. Her parents are divorced but they both have their own places and work. Well her mom was working until her illness. Now she is recovering but doesn't know if she will have a job to return to yet. Now would be a good time for her to come since her mom can't work anyway but is almost well enough for travel.

[Martenss 1]

Thanks for all the feedback so far. She is from Ukraine which probably won't be a positive factor. From what I understand this country is typically held to a higher standard of ties to their home country. Her parents are divorced but they both have their own places and work. Well her mom was working until her illness. Now she is recovering but doesn't know if she will have a job to return to yet. Now would be a good time for her to come since her mom can't work anyway but is almost well enough for travel.

Hi! I am not 100% sure but in my country ( Poland) being married to US citizen is a "good " thing, better than F-1. It is easier to visit. I think our caountries have similar restrictions.

I am adjusting from F-1 just like you wife, I graduated in August 2010 and have my OPT (Optional Practical Training until Feb.)I am just waiting to be done with the whole process- so my family can visit easiely

I would not hide the fact you are marriedm it will not effect her F-1- I am just wodnering if she is getting Assistanship?hmm...I am not sure if it will change anything, I would ask International Office at her College about that.

Good luck to you both!