got married ... she's here on a student visa

[lifeisbigger 0]

hello everybody ...

you've been so helpful to me as my wife and i went through our "visa journey" together ... and thankfully we are here and together and the whole thing was pretty speedy.

some of my buddies who are in the same situation as i am -- marrying non-USCs -- have been asking me for advice and i've pretty much just been asking my questions here ... and here's another one!

thanks so much for your help!

sooo ... my cousin married a gal from south korea. she was here on a student visa of some sort. now they're wondering what they'll need to do to get her "permanent residency status."

her student visa is good through 2009 ... they didn't think about a K-visa or anything else. they sorta just got married! what's the best path for them to take???

any advice would be very appreciated!

thanks so much

bryan

[Sisu 0]

She needs to apply for AOS...

Read more about it here!

http://www.uscis.gov/graphics/formsfee/forms/i-485.htm

Good Luck

[tomica52 0]

It is farily straight forward. She needs to apply for I-130, and I-485, and if she wants to travel and work, AP and EAD. As for the timing of it, they can wait as long as they want since her student visa will be valid until 2009, or until they file AOS. One thing to keep in mind, as soon as they file for AOS her student visa is no longer valid.

Good luck.

A

[Dr_LHA 3]

The only slight issue is that F-1 is not a "dual intent" visa, so if you travel on it and the CBP officer gets wind of the fact that the couple are married and planning to file for AOS at some point, it could cause issues re-entering.

[lifeisbigger 0]

this is the original poster:

the new wife won't have to head back to korea to wait ... i'm hoping. or will she???

thank you so much!

bryan

[Dr_LHA 3]

No, she can stay in the USA and file for AOS. In fact, it's advised that she doesn't leave the USA from now on until she has her Green Card, unless she gets Advanced Parole.

[MPGGPM 0]

this is the original poster:

the new wife won't have to head back to korea to wait ... i'm hoping. or will she???

thank you so much!

bryan

Find out exactly what type of student visa she has. If it is an F-1...she should not have any trouble remaining and doing AOS. But if she is here on a J-1......there are more complications with that type of student visa, and if she has that one, she might not be able to do AOS right off the bat without either filing a waiver or fulfilling the 2 year HRR.

Ask her what type of student visa she has.