Marrying an F1

[concernedalready 0]

Hello all, I'm new to the board. I've been reading the discussions already posted on here. Thank you all for the help that you give to everyone else.

My question is I am a citizen, and I would like to marry my girlfriend (here on an F1). I have read the topics on what to do, but here is my unique circumstance. I met my gf while we were in Germany. We decided to move to the U.S after 2.5 years together there. Is there anything wrong with what we are doing? I read some other posts and immigration fraud was mentioned, and I wanted to make sure.

Any help you can give me would be greatly appreciated.

[AKSinghSingh79 143]

Hello all, I'm new to the board. I've been reading the discussions already posted on here. Thank you all for the help that you give to everyone else.

My question is I am a citizen, and I would like to marry my girlfriend (here on an F1). I have read the topics on what to do, but here is my unique circumstance. I met my gf while we were in Germany. We decided to move to the U.S after 2.5 years together there. Is there anything wrong with what we are doing? I read some other posts and immigration fraud was mentioned, and I wanted to make sure.

Any help you can give me would be greatly appreciated.

Hmmm, it depends on the intent of your gf. Was her intention to come to the U.S. as a student to legitimately pursue an academic program or was it to be with you?

From your post it sounds like she applied for the F1 so she could come to the U.S. and be with you in which case marrying and filing for AOS could be viewed as immigration fraud.

[Little_My 464]

Are you currently in the US, and your girlfriend is currently here with an F1 student visa status? Are you already married / when do you plan to marry, and when does her F1 status expire?

[concernedalready 0]

Are you currently in the US, and your girlfriend is currently here with an F1 student visa status? Are you already married / when do you plan to marry, and when does her F1 status expire?

We are currently in the U.S and she has a F1 visa. We aren't married yet. We were planning it for a few months from now(December maybe). Her F1 expires in May I believe.

[Little_My 464]

Once you are married, you can file to adjust her status to legal permanent resident (LPR). You'll do this by submitting the I-130 and I-485 forms concurrently, along with supportive documentation including a medical exam and proof of a bonafide marriage. The process will take around 4-6 months (on average, could take longer), and as long as you file before her F1 status expires, she won't incur any overstay. Once you have submitted the AOS paperwork, her F1 visa will seize to be valid, but she will enter a new period of authorized stay for the duration of her AOS processing, until she has a decision on her GC application. During this time she can also continue her studies, if she is still in school. She cannot work or travel until she receives an EAD (employment authorization document) and AP (advance parole), which she can apply for at the same time with the I-130 and I-485 forms. Getting those usually takes around 70-90 days from filing.

Read the VJ guide on concurrent filing of I-130 and I-485 and read the forms for each instruction. She will probably have to obtain some documents from her home country, such as her BC - it's good to get an early start with those.

[concernedalready 0]

Once you are married, you can file to adjust her status to legal permanent resident (LPR). You'll do this by submitting the I-130 and I-485 forms concurrently, along with supportive documentation including a medical exam and proof of a bonafide marriage. The process will take around 4-6 months (on average, could take longer), and as long as you file before her F1 status expires, she won't incur any overstay. Once you have submitted the AOS paperwork, her F1 visa will seize to be valid, but she will enter a new period of authorized stay for the duration of her AOS processing, until she has a decision on her GC application. During this time she can also continue her studies, if she is still in school. She cannot work or travel until she receives an EAD (employment authorization document) and AP (advance parole), which she can apply for at the same time with the I-130 and I-485 forms. Getting those usually takes around 70-90 days from filing.

Read the VJ guide on concurrent filing of I-130 and I-485 and read the forms for each instruction. She will probably have to obtain some documents from her home country, such as her BC - it's good to get an early start with those.

I need some translations. Sorry, still new.

AOS? GC? VJ?

Thanks so much for the help.

Edited October 13, 2011 by concernedalready

[Little_My 464]

Hah. Yeah, studying the acronyms will become a lovely way to spend nights with your future wife..

AOS - Adjustment of Status. The process you are about to start.

GC - Greencard. That's a pretty important one..

VJ - Visajourney

Start by reading the guide here. Then print the forms and instructions and read those. It is easier to ask more targeted questions when you have an idea of the overall process.

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

Edited October 13, 2011 by Little_My

[Darnell 8,478]

also, remember, she may have restrictions on her current F1 visa, for some 2 year stay at home rule.

CHECK the printed visa in her passport, very carefully, look for coding in it.

[Little_My 464]

also, remember, she may have restrictions on her current F1 visa, for some 2 year stay at home rule.

CHECK the printed visa in her passport, very carefully, look for coding in it.

Incorrect. F1 visas do not have a home residency requirement - J1 visas do, sometimes, depending on where the fundig for the exchange program came from. But not F1 visas.

[bigdog 376]

Looks like you off to a good start, just be careful do it correctly.