AOS from F-1, can she travel?

[GAW 0]

Hi everyone,

I'm new to this forum and not sure if this is the place to post.

I'm a US citizen and my girlfriend has been in the US since 2008 with an F-1 student visa that expires in 2013. We got married last week and now we'd like to apply for her permanent residency. The reason we're doing this now is that she's not sure she wants to stay in her PhD program and she'd like to have a green card (+ work authorization) before her student visa expires or she decides to drop out of school. Her parents in Germany haven't met me yet and we'd like to travel there in December and spend Christmas together.

1. Can we directly adjust status from an F-1 to permanent residency? Which box do we check on the I-485 for eligibility?

2. Can we apply for permanent residency and travel while the application is being processed? Does her F-1 become invalid the moment we apply for a green card?

3. What steps should she take to change her last name to mine. Does she need to get a new passport + visa with the new name?

Thanks for your help in advance,

GAW

Edited October 13, 2011 by GAW

[Little_My 464]

Yes, you can adjust her status from F1 to permanent resident. You'll file the I-485 together with I-130, and the I-130 is the basis for the I-485. Therefore the eligibility category for her is A.

Her F1 does become invalid when you submit the AOS paperwork but she enters a new period of authorized stay which will continue until she has a decision on her GC. She can continue to study during that time if she wants. She cannot travel until she gets the AP (advance parole) travel document, for which you can apply with the I-131 form. You can file that with the I-130 and I-485 for no cost. Getting it takes between 70-90 days on average, so you will be cutting it pretty close in terms of Christmas travel.. She cannot leave before she has the AP, otherwise her application will be considered abandoned.

Is your marriage certificate with her new name? If it is, that is all you need in the US to legally change her name. She will need to separately change all her other documents, such as SSN card, drivers lisence (if she has one), visas, debit cards, etc. I am not sure how name change goes with a passport - it might be up to the issuing country to determine how a person's name is legally changed and can be changed to a passport. Someone here will know more about that. If you want her GC with her new name, use her new name for the forms.

[GAW 0]

Thanks so much! This website is so incredibly helpful!

We're thinking the safest thing to do is to travel together in December on her F-1, and apply for permanent residency when we get back in January. It's probably better to start the name change then, as well.

Thanks again!

[Soapz 14]

I would rethink that. Just because you are married does not mean they will let her re-enter on her F1 visa - also you could not apply for AOS until you return. I would apply for AOS, expedite the advance parole and see if you'll make it to Germany in December.

Edited October 14, 2011 by Soapz