Fiancee on F1 visa....what do we need?

[iscariot 0]

My fiancee is presently finishing up her degree here in the US. She is on an F1 visa and is scheduled to graduate in May, but maybe later. I'm looking over the forms here and I'm not really sure which one she is going to need. She wants to work after graduation so I'm not sure which set of forms I need. Will the I30 suffice? What does she do looking for a job after graduation?

[Leatherneck 693]

My fiancee is presently finishing up her degree here in the US. She is on an F1 visa and is scheduled to graduate in May, but maybe later. I'm looking over the forms here and I'm not really sure which one she is going to need. She wants to work after graduation so I'm not sure which set of forms I need. Will the I30 suffice? What does she do looking for a job after graduation?

Once she becomes your wife the I-130 is the appropriate form to file.

With regards to her F1 status and working after graduation, does she now have EAD?

[Little_My 464]

She can apply for OPT (Optional practical training) under her F1 status and gain a year of additional authorized stay in the US once she graduates, during which she is allowed to work in the field she graduated from.

In terms of her being your fiance, there is nothing you can file before you are married, and I cant' tell from your post if that is what you are planning. If it is, then once you are married, you can submit the I-130 and I-485 forms together, along with all the supportive documentation, to adjust her status from F1 to permanent resident. Once she has her greencard, she is allowed to work freely in the US. Her F1 seizes to be vali when the AOS paperwork is submitted, but she'll be under a new period of authorized stay until there is a decision on your AOS application. During that period, she can continue to study if she is still in school.

[iscariot 0]

We are planning to get married in China, since her family is there, and do the paperwork down at the courthouse here in the USA. I don't really know what EAD means. She's getting her PhD in Math, and also taking her actuarial exams.

[dumb_elephant 0]

We are planning to get married in China, since her family is there, and do the paperwork down at the courthouse here in the USA. I don't really know what EAD means. She's getting her PhD in Math, and also taking her actuarial exams.

Employment Authorization Document. Have her talk to the international office at her university - they should be able to explain what the Optional Practical Training (OPT) entails and what is needed. Basically, she would have to work in her field - since that is math there should be a lot of options for her.

Also, in terms of doing the paperwork at the courthouse in the US, make sure they allow you to get married somewhere else and still get a license. We got married in a town in CT and they would only give you a license if you got married in their town.

Edited November 3, 2011 by dumb_elephant

[iscariot 0]

Already checked, we're in GA and since I'm a resident it's not an issue for us. I'm curious though as to what we do about the paperwork if we're married outside the US.

Employment Authorization Document. Have her talk to the international office at her university - they should be able to explain what the Optional Practical Training (OPT) entails and what is needed. Basically, she would have to work in her field - since that is math there should be a lot of options for her.

Also, in terms of doing the paperwork at the courthouse in the US, make sure they allow you to get married somewhere else and still get a license. We got married in a town in CT and they would only give you a license if you got married in their town.

[iscariot 0]

We're probably doing the wedding in China in May. That means we go to the justice of the peace here sometime before then. My concern is she's in TX. Isn't that going to cause a problem since I live in GA. She's coming here with me at some point after she graduates.

[ceadsearc 516]

We're probably doing the wedding in China in May. That means we go to the justice of the peace here sometime before then. My concern is she's in TX. Isn't that going to cause a problem since I live in GA. She's coming here with me at some point after she graduates.

IOs understand that sometimes couples live apart in certain circumstances - like school. Be prepared with evidence of your relationship (bank accounts together, insurance once you're married, etc.) and keep track of anything that documents you visiting each other.

[anks329 1]

Be careful with the timing of the wedding dates. If you have a legal ceremony at a courthouse in the US and you both leave for China for another wedding without doing any paperwork, she won't be able to use the F-1 to re-enter the country. The F-1 is a non-immigrant visa, and once she is married to a USC it is difficult to prove there is no immigration intent.

What you could do is, get married at a courthouse and file for her adjustment of status, along with EAD card and Advance Parole Card. The Advance Parole card will allow her to re-enter the US while the adjustment of status is still pending. It typically takes 3 months for the AP card to be approved, and another few months for the actual green card (depends on the local office and how busy they are).

[iscariot 0]

Be careful with the timing of the wedding dates. If you have a legal ceremony at a courthouse in the US and you both leave for China for another wedding without doing any paperwork, she won't be able to use the F-1 to re-enter the country. The F-1 is a non-immigrant visa, and once she is married to a USC it is difficult to prove there is no immigration intent.

What you could do is, get married at a courthouse and file for her adjustment of status, along with EAD card and Advance Parole Card. The Advance Parole card will allow her to re-enter the US while the adjustment of status is still pending. It typically takes 3 months for the AP card to be approved, and another few months for the actual green card (depends on the local office and how busy they are).

Good to know. Right now we're still looking at the date because we don't know the time she officially graduates.

[iscariot 0]

Good to know. Right now we're still looking at the date because we don't know the time she officially graduates.

Where do I get the paperwork for the advance parole card? Can we just drop that in the same envelope as the I30?

[anks329 1]

Where do I get the paperwork for the advance parole card? Can we just drop that in the same envelope as the I30?

The Advance parole is the I-131. When you send in the 130, you'll need to send the 485, the 131 if you want travel authorization and 765 if you want work authorization. Everything should be in big package, we used binder clips to separate them out.

Take a look at the guides on this site, they are really helpful in figuring it all out.

[iscariot 0]

The Advance parole is the I-131. When you send in the 130, you'll need to send the 485, the 131 if you want travel authorization and 765 if you want work authorization. Everything should be in big package, we used binder clips to separate them out.

Take a look at the guides on this site, they are really helpful in figuring it all out.

I'm a little confused about the bona-fide marriage stuff, we don't own property or have kids yet, or cohabitate, but we've been dating for 2 years, have traveled repeatedly together, and she visits me monthly here in GA, all of which I have proof of.

[anks329 1]

I'm a little confused about the bona-fide marriage stuff, we don't own property or have kids yet, or cohabitate, but we've been dating for 2 years, have traveled repeatedly together, and she visits me monthly here in GA, all of which I have proof of.

Do you have any co-mingling of finances? Shared bank accounts, credit cards? Can you put her on your insurance plans, or as the beneficiary for retirement accounts? Based on the 130 instructions, things like that count as evidence. Also, you can get affidavits from people that know your relationship.

[iscariot 0]

Do you have any co-mingling of finances? Shared bank accounts, credit cards? Can you put her on your insurance plans, or as the beneficiary for retirement accounts? Based on the 130 instructions, things like that count as evidence. Also, you can get affidavits from people that know your relationship.

Affidavits from my parents, her roommates, my friends, etc. that's no problem. I can't put her on my insurance until we're officially married here though.

I've also got plane tickets, text messages, etc.

Edited December 1, 2011 by iscariot