F1 student marrying American citizen

[hevenualeinu 0]

Hi,

I'm new to this website, and I from what I have read so far, I can tell there is a community and so far, I like it

The first time I came to the US was with the intent of simply visiting my sister who is a US citizen before going back home for college; however, I did (sorry if this is too cliche) fall in love with California and decided to apply for school from the US which resulted into an AOS, going from a tourist visa into an F1 status. I

My boyfriend and I have decided to get married. He is American and I have an F1 status, which means my sister-my sponsor, has already filed an i-130 for my f1, and now that my boyfriend and I are planning on getting married, I don't know if I should re-file for an i-130 and if it is possible to keep my sister as a sponsor.

And the marriage isn't fraud, we have been together for a while and my visa isn't expiring until 2014.

So the question is should we file for an i-130 again or can we just do the i-485 and use the i-130 my sister gave me for my AOS to F1?

Thanks!

[Inky 1,111]

Moving to adjustment of status from work / tourist / visitor from moving here and your new life in america.

Question is about adjustment of status not living in america.

[Harpa Timsah 13,258]

F1 is a student visa. If your sister filed a I-130 for you, then you do NOT have F1 status. You would have to wait for 10 years or more to get a visa, so I am not sure what you are talking about.

That being said, none of that matters. You will file a new concurrent I-130/I-485 from your husband. You need a new I-130 from him.

[NancyNguyen 1,658]

Who says your marriage is fraud? Why do you mention it? This forum doesn't tolerate immigration fraud. And I-130 is not necessary for Change of Status (Visitor to F1.) If she filed an I-130 for you that is for F4 immigrant category, and it takes more than 10 years to finish, and you can't stay while waiting illegally.

Follow the guide here for your marriage-based petition : http://www.visajourney.com/content/i130guide2

[hevenualeinu 0]

Who says your marriage is fraud? Why do you mention it? This forum doesn't tolerate immigration fraud. And I-130 is not necessary for Change of Status (Visitor to F1.) If she filed an I-130 for you that is for F4 immigrant category, and it takes more than 10 years to finish, and you can't stay while waiting illegally.

Follow the guide here for your marriage-based petition : http://www.visajourney.com/content/i130guide2

I'm not illegal. SHe filed for an adjustment of status which I received last year

[NancyNguyen 1,658]

I'm not illegal. SHe filed for an adjustment of status which I received last year

AOS for siblings of USC is F4 category, you have to wait more than 10 years to have a visa number. Meanwhile, you are illegal to stay when waiting for it. If you are Student F1, then she just sponsored with the college not I-130 with USCIS. Please distinguish it.

If you changed to F1 Student, and your sister filed an I-130 for your F4 immigrant visa, you have to maintain your student status when waiting til turn for a visa number.

But forget about her I-130, it is irrelevant with your marriage-based petition, just follow the guideline for your marriage-based application.

Edited February 26, 2012 by NancyNguyen

[hevenualeinu 0]

AOS for siblings of USC is F4 category, you have to wait more than 10 years to have a visa number. Meanwhile, you are illegal to stay when waiting for it. If you are Student F1, then she just sponsored with the college not I-130 with USCIS. Please distinguish it.

If you changed to F1 Student, and your sister filed an I-130 for your F4 immigrant visa, you have to maintain your student status when waiting til turn for a visa number.

But forget about her I-130, it is irrelevant with your marriage-based petition, just follow the guideline for your marriage-based application.

Thank you!