She said Yes, now some advice?

[cjohnston207 0]

Okay so now that we are engaged, what do we have to go about doing? She just received her OPT, considering she applied for that because she didn't know I was going to propose. We are speaking with an immigration's lawyer tomorrow at the College ... any specific questions we should ask? what should we do now, she has her OPT for one year, we are not planning to get married until next August, so we have some time, please let me know what needs to be done ASAP and what can wait ... I appreciate everything!

thank you!

[C-ma'am 684]

Okay so now that we are engaged, what do we have to go about doing? She just received her OPT, considering she applied for that because she didn't know I was going to propose. We are speaking with an immigration's lawyer tomorrow at the College ... any specific questions we should ask? what should we do now, she has her OPT for one year, we are not planning to get married until next August, so we have some time, please let me know what needs to be done ASAP and what can wait ... I appreciate everything!

thank you!

Hello CJ, and welcome to the forum and congratulations on your engagement!

Pardon my ignorance, but what's OPT? Where is your fiancee from? What kind of advise exactly do you need?

[Inky 1,110]

So shes already living in the USA... why apply for a K-1? why not just marry and adjust status now? K-1 means she has to return home and wait. If you marry now and apply to adjust status she never has to leave and can get her GC.

[varming 2]

Hi,

Congratulations on your engagement. As your future wife is already in the US and your are planning to marry before her OPT training status expires, your case is looking good. Soon after your marriage ceremony you should file form I-130 concurrently with I-485 and I-765. If you want to travel you should also file I-131.

Right now, you can start by

1. Collecting evidence of your bona fide marriage such as

a) Shared financial interest (joint bank accounts, authorized credit card user, joint leases, joint electric bill, etc).

b) Pictures of you together.

2. You should take a peek at the poverty guide lines and make you that you can document an income of more than 125% of the appropriate number in form I-864P. If the poverty guide lines is a problem then you should start looking for a co-sponsor.

3. You should make sure that you have your federal income tax information for the last three years handy.

4. You should request a certified copy of you naturalization documents. You can get these from the issuing agency.

5. Schedule an appointment, for after your marriage ceremony, with an USCIS proved doctor to get the medical form I-693.

Edited March 29, 2012 by varming

[cjohnston207 0]

Hi,

Congratulations on your engagement. As your future wife is already in the US and your are planning to marry before her OPT training status expires, your case is looking good. Soon after your marriage ceremony you should file form I-130 concurrently with I-485 and I-765. If you want to travel you should also file I-131.

Right now, you can start by

1. Collecting evidence of your bona fide marriage such as

a) Shared financial interest (joint bank accounts, authorized credit card user, joint leases, joint electric bill, etc).

b) Pictures of you together.

2. You should take a peek at the poverty guide lines and make you that you can document an income of more than 125% of the appropriate number in form I-864P. If the poverty guide lines is a problem then you should start looking for a co-sponsor.

3. You should make sure that you have your federal income tax information for the last three years handy.

4. You should request a certified copy of you naturalization documents. You can get these from the issuing agency.

5. Schedule an appointment, for after your marriage ceremony, with an USCIS proved doctor to get the medical form I-693.

Hey,

thanks for the information, she is from canada ... and her OPT will end next May, we were thinking of getting married in August ... of next year? so that is where we were wondering? should we just go to the justice of the peace and file the paper work sometime next year and do it that way ...? and your saying I don't need a K1 fiance visa ...? in simple terms what were looking for is she wants to stay here and not worry about going back to wait and then come back, she has a job lined up as a counselling for mistreated teens ... but people keep saying is she living her? I guess the answer is yes but she is on her OPT visa card ...

thanks

[Inky 1,110]

Hey,

thanks for the information, she is from canada ... and her OPT will end next May, we were thinking of getting married in August ... of next year? so that is where we were wondering? should we just go to the justice of the peace and file the paper work sometime next year and do it that way ...? and your saying I don't need a K1 fiance visa ...? in simple terms what were looking for is she wants to stay here and not worry about going back to wait and then come back, she has a job lined up as a counselling for mistreated teens ... but people keep saying is she living her? I guess the answer is yes but she is on her OPT visa card ...

thanks

Yes people keep asking if she is living in the USA because you are making it more complicated than it needs to be. IF you marry while she is in the USA and file for adjustment of status she does not have to leave and go back to Canada she can stay in the USA. You do not have to file for any visa you only marry and adjust her status.