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F-1 visa marrying a US citizen in US (already married in other county)

By laklaklak in Adjustment of Status from Work, Student, & Tourist Visas

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laklaklak Newbie

laklaklak   0

Posted
Filed: Citizen (pnd) Timeline
Posted

Hi guys,

Like I mentioned in the topic, I am trying to get my wife(F-1visa) to get her green card. Our case is very complicated..

I have been living in USA with a green card until September, 2011.

June, 2010 (We got married in Korea) (I was a green card holder)

July, 2011 (My wife entered with F-1 visa has been attending school)

Sept, 2011 (I received my U.S. Citizenship)

Basically, she entered USA with F-1 visa because we wanted to get together ASAP. What forms should we file? also, we are going to get married here in the USA too. Is it the right way to do?

Thank you guys in advance.

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

A legal marriage is a legal marriage.

You wont be able to get legally married in the USA since you are already legally married. If you want a vow renewal you can do that.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

skiptex Proficient

skiptex   225

Posted
Filed: AOS (apr) Country: Venezuela
 Timeline
Posted (edited)

A legal marriage is a legal marriage.

You wont be able to get legally married in the USA since you are already legally married. If you want a vow renewal you can do that.

why can't you get married in us civil service also.. and if you do.. will it be illegal.. LOL

i would think if you had a civil service here in USA>. would it not make processing forms easier then trying to get papers pushed thru from Korea..

Edited by skiptex

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

why can't you get married in us civil service also.. and if you do.. will it be illegal.. LOL

i would think if you had a civil service here in USA>. would it not make processing forms easier then trying to get papers pushed thru from Korea..

Some states will allow you to marry the same person twice or have a legally-recognized vow-renewal, so they can do that.

However, it will make no difference for immigration because their legal marriage for USCIS purposes is the one in Korea. They have been married since then, and will need to get all the proof of said marriage in Korea. Having another US marriage, while legal in some states, does not absolve them of requirements of showing proof of their Korean marriage, which includes showing all paperwork. If they hide to hide their marriage in Korea, the immigrant can be banned for misrepresentation.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Hi guys,

Like I mentioned in the topic, I am trying to get my wife(F-1visa) to get her green card. Our case is very complicated..

I have been living in USA with a green card until September, 2011.

June, 2010 (We got married in Korea) (I was a green card holder)

July, 2011 (My wife entered with F-1 visa has been attending school)

Sept, 2011 (I received my U.S. Citizenship)

Basically, she entered USA with F-1 visa because we wanted to get together ASAP. What forms should we file? also, we are going to get married here in the USA too. Is it the right way to do?

Thank you guys in advance.

Did she disclose the marriage on her F-1 paperwork?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Godwen Contributor

Godwen   0

Posted
Filed: F-1 Visa Timeline
Posted

As long as she is still in school and her status as an F-1 is flawless then you have no reason to hide anything from USCIS. IF she is out of status then that is a very hard because USCIS would think she tricked them into Issuing her an F-1 to come be with you and that may be considered fraud

filed 9th of July

delivered 11th July

got NOA 20th of July

Got RFE for I-485 28th July

Mailed in RFE 9th Oct

RFE received 12th Oct

RFE review 12th Oct

Contacted congressman Oct 17th

Faxed documents to congressman Oct 17th

EAD Approved 19th Oct

EAD Received 27th Oct

Interview 8th Dec

Approved 8th Dec

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** Moving from Family Based forum to AOS from student... as OP's wife has an F1 *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

Hi guys,

Like I mentioned in the topic, I am trying to get my wife(F-1visa) to get her green card. Our case is very complicated..

I have been living in USA with a green card until September, 2011.

June, 2010 (We got married in Korea) (I was a green card holder)

July, 2011 (My wife entered with F-1 visa has been attending school)

Sept, 2011 (I received my U.S. Citizenship)

Basically, she entered USA with F-1 visa because we wanted to get together ASAP. What forms should we file? also, we are going to get married here in the USA too. Is it the right way to do?

Thank you guys in advance.

You are already married. Your marriage in Korea is recognized in the US.

You can file to adjust your wife's status. File Form I-130, I-485, etc. Follow the Guides: http://www.visajourney.com/content/i130guide2

If your wife presented herself as single when she entered the US, you've got a big problem for misrepresentation. Marriage to a US resident definitely affects admissibility on an F-1 visa. If this is the case, you need to consult with an immigration attorney. This is not a minor mistake. It would be a huge mistake.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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