Need advice urgently

[Mezzacalc 1]

Hello!

Here is my case: I am a F-1 student on my OPT, living in the US. I met a girl, who is the one I want to live with. I want to marry her. She is a US Citizen. We want to do that by the end of June. I have the following questions:

1. Shall I make concurrent filing for the Permanent Resident status (when forms I-130 and I-485 are filed together in one step) or filing for adjustment of status (when first a petition for I-130 is made, then I-485 application is made, two-step process)?

2. Is the interview conducted for all the marriages or only some of them?

3. My OPT days are to expire soon, then it will be followed by a grace period (60 days). Assuming, I made an application for an adjustment of the status by the end of this period of 60 days, but I won’t have the work authorization and advance parole, can I still reside in the US to wait for the answer to the application? Or will I still have to leave the country? Shall I make other applications (for visitor B-visa or extension of OPT)?

4. We won’t have an official wedding (due to financial issues). Will it cause any problems/questions?

5. I am in the US right now, I am going to marry here. Will I need immigration (fiancé visa)? Shall I apply for it?

6. The primary documents and forms I need for the application: I-485, I-130, I-864 and supporting docs. Have I omitted anything? If yes, then which?

Thank you in advance.

Edited June 7, 2012 by Mezzacalc

[LindaC1990 23]

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

good luck

[seth2013 39]

1. Filing concurrently is the best way for you, it sounds like.

2. It is conducted for all marriages that aren't preceded by a K-1 visa.

3. You may stay in the country if you have already filed for AOS.

4. You need to get married legally, in the court house is fine. You don't need to have a big fancy formal wedding

5. No fiance visa, just adjust from your F-1.

6. You may also want to file for Advance Parole and Employment Authorization (I think I-131 and I-765), but they aren't necessary.

[ChrisPG 30]

6. The primary documents and forms I need for the application: I-485, I-130, I-864 and supporting docs. Have I omitted anything? If yes, then which?

You will also need three Form G-325A's (two with your information and one with your wife's information) & Form I-693 which is completed by a USCIS approved Civil Surgeon at your medical.

[seth2013 39]

You will also need three Form G-325A's (two with your information and one with your wife's information) & Form I-693 which is completed by a USCIS approved Civil Surgeon at your medical.

Yes, this is true. Sorry, I was in a rush this morning.

[Mezzacalc 1]

Thank you all for such prompt answers to my questions, they are very helpful.

Here I have additional questions:

7. Shall I hire a lawyer to assist me during the paperwork and the interview? Is it necessary? If yes, what is the reasonable legal fee I should pay him?

8. Evidence of bona fide marriage: While we were dating, we have been living separately & we don’t have common bank account. Can it cause the problems/questions? At the moment we are planning to find a place to live together, also going to open a common bank account. Shall I make an application for adjustment of the status after I settle these issues or it doesn’t matter (please, consider 60-day deadline I mentioned in the previous questions)? What other evidence shall I provide?

Thank you in advance.

[grrrrreat 109]

Thank you all for such prompt answers to my questions, they are very helpful.

Here I have additional questions:

7. Shall I hire a lawyer to assist me during the paperwork and the interview? Is it necessary? If yes, what is the reasonable legal fee I should pay him?

8. Evidence of bona fide marriage: While we were dating, we have been living separately & we don’t have common bank account. Can it cause the problems/questions? At the moment we are planning to find a place to live together, also going to open a common bank account. Shall I make an application for adjustment of the status after I settle these issues or it doesn’t matter (please, consider 60-day deadline I mentioned in the previous questions)? What other evidence shall I provide?

Thank you in advance.

7. Most people say lawyers aren't necessary if you have a typical case.

8. You're putting the cart before the horse. Step 1 is to get married, and you can't file I-130 or I-485 before that. It's good to start collecting evidence of a bona fide relationship, and it's important to be living together after you're married and before you file, but USCIS doesn't care where you're living now.

It doesn't matter whether you are out of status or in status when you file I-485, so the OPT grace period isn't important for you. Being out of status does have some consequences, but they're forgiven once you become a lawful permanent resident. If you are out of status for more than 180 days you won't be able to travel out of the U.S. before you become an LPR, but that's the main consequence.

In my view, it's much more important to have strong evidence of a bona fide marriage than to file I-485 before you go out of status.

Edited June 7, 2012 by grrrrreat

[Mike X Man 37]

Thank you all for such prompt answers to my questions, they are very helpful.

Here I have additional questions:

8. Evidence of bona fide marriage: While we were dating, we have been living separately & we don’t have common bank account. Can it cause the problems/questions? At the moment we are planning to find a place to live together, also going to open a common bank account. Shall I make an application for adjustment of the status after I settle these issues or it doesn’t matter (please, consider 60-day deadline I mentioned in the previous questions)? What other evidence shall I provide?

Thank you in advance.

OMG! What are you waiting for? You should have opened your joint bank account yesterday and you should be living together! TAKE IT FROM SOMEONE WHO WAS HAMMERED FOR OVER 2 HOURS ABOUT THIS! At least I had a legit reason why that was not possible. Still.....do not underestimate the importance of this. The fact that you are getting married and AOS'ing right towards the expiration of your OPT (legal status) is a huge red flag to the IO. They will scrutinize when you started combining your assets, wedding dates etc. Be ready to answer for the timeline. Why you did X when you did it. I don't care if you have financial difficulty. Borrow, take your time to plan and organize a decent small wedding with family from both sides present. Hire a friend to take many photos of the occasion. If you do not know or have a good relationship with the parents of the girl, you should have started this awhile ago. It's important to get all your ducks lined up in a row before you submit the paperwork since the clock to the interview starts winding down. It's really irrelevant how YOU see your relationship with your future wife as being bonafide, it's how the IO sees it with respect to the documentation presented. Have you talked with your wife extensively about what to expect? Forget about the lawyers. VJ is your friend. Read..read..read for guidance.

Edited June 7, 2012 by MikeX

[Mezzacalc 1]

Thank you for the answers. Additional questions:

Most people say lawyers aren't necessary if you have a typical case

9. Then what is a typical case? Can mine be regarded as the one?

In my view, it's much more important to have strong evidence of a bona fide marriage than to file I-485 before you go out of status.

10. So, as I understand, this is the timeline: a. I get married b. we begin living together, gather all the necessary evidence of the marriage (living together, opening a bank account etc.) c. I apply for adjustment of a status (and I can do that when I am out of status, even for more than 180 days). Is it right?

Being out of status does have some consequences, but they're forgiven once you become a lawful permanent resident.

11. Can being out of status at the moment of filing I-485 cause a problem during the interview (leading to the denial)?

OMG! What are you waiting for? You should have opened your joint bank account yesterday and you should be living together! TAKE IT FROM SOMEONE WHO WAS HAMMERED FOR OVER 2 HOURS ABOUT THIS! At least I had a legit reason why that was not possible.

12. Thank you very much for the information. I will definitely take care of the bank account and find a common place to live. Would you tell me what was you legit reason, why that was not possible? How did you explain it during the interview? Can you describe the whole interview, all the questions asked?

The fact that you are getting married and AOS'ing right towards the expiration of your OPT (legal status) is a huge red flag to the IO

13. What shall I do about it? Get married and AOS after the expiration of OPT? Or get married before expiration of OPT and apply for AOS after?

I don't care if you have financial difficulty. Borrow, take your time to plan and organize a decent small wedding with family from both sides present.

14. Really? But that's what user sethlesstold me

You need to get married legally, in the court house is fine. You don't need to have a big fancy formal wedding

Which of you is right? I am going to arrange a small party in a restaurant with the closest friends after the marriage. None of our families know about that, since we think, they will be against it. We want to notify them after the whole thing.

Have you talked with your wife extensively about what to expect?

Yes, we have talked about it & we will talk more.

15. My timeline: January 2012: We met, June 2012: we decided to marry. Please give me the recommendations on further sequence of actions (how to build a timeline), number every action: 1. marriage. 2. accommodation etc.)

Thank you in advance.

[engineer21 51]

Thank you for the answers. Additional questions:

9. Then what is a typical case? Can mine be regarded as the one?

I think yours is quite typical based on your original post.

10. So, as I understand, this is the timeline: a. I get married b. we begin living together, gather all the necessary evidence of the marriage (living together, opening a bank account etc.) c. I apply for adjustment of a status (and I can do that when I am out of status, even for more than 180 days). Is it right?

Yes, you can. I wouldn't recommend it if you have time to do it sooner.

11. Can being out of status at the moment of filing I-485 cause a problem during the interview (leading to the denial)?

out of status alone will not lead to denial. But denial is always possible (not trying to scare you, just letting you know)

12. Thank you very much for the information. I will definitely take care of the bank account and find a common place to live. Would you tell me what was you legit reason, why that was not possible? How did you explain it during the interview? Can you describe the whole interview, all the questions asked?

We started living together right after we got engaged (about 1 year before the wedding). I highly recommend living together prior to tying the knot, to test the waters make sure you really can stand each other 24-7.

13. What shall I do about it? Get married and AOS after the expiration of OPT? Or get married before expiration of OPT and apply for AOS after?

I recommend the first option. Cleaner. If you don't have a need to plan a big wedding, etc etc. Just go and get it done and get your papers in order.

14. Really? But that's what user sethlesstold me Which of you is right? I am going to arrange a small party in a restaurant with the closest friends after the marriage. None of our families know about that, since we think, they will be against it. We want to notify them after the whole thing.

Yes, we have talked about it & we will talk more.

15. My timeline: January 2012: We met, June 2012: we decided to marry. Please give me the recommendations on further sequence of actions (how to build a timeline), number every action: 1. marriage. 2. accommodation etc.)

1. Find a nice apartment to live together, sign lease, arrange the move.

2. Apply for marriage license

3. Get married, carry your bride through the door of your new apt, open joint account, add each other to other accounts, start sharing a life!

4. AOS

Thank you in advance.

[Little_My 464]

In my opinion, MikeX's post is a tad exaggerated. However, you do have a very short relationship behind you, and you are marrying with less than 6 months of knowing each other and your visa close to expiring. You should be prepared to show strong proof of a bonafide relationship, but at the same time IOs also know and understand that it can be challenging for international students to be added to their US partners' bank accounts and insurances, and sometimes it can be almost impossible before the marriage. I married my husband 2 months before my F1 expired, and it was never brought up. I was added to his bank account 2 weeks before filed, and same with the insurance, because I couldn't be added to either when we were not legally married. IOs know these things, and know when to suspect fraud and when to not. However, me and my husband had been together for 4 years when we got married - that is a big difference.

Personally I do not think lawyer is needed, if you can read, comprehend and follow instructions, pay attention to detail and use common sense. This is more of an administrative process than it is a legal one.

You marry, and you can file for AOS as soon after the marriage as you want and can. There is no reason to wait around for your visa to expire if you don't have to - while it is true that overstay won;t prevent you from AOSing to permanent resident, and probably would not be an issue in the interview, it's still always best to avoid overstaying. It seems you still have 2-3 months at least on your OPT and grace period - if you are ready to marry now, you should be able to file before the grace period expires. If you end up overstaying by some weeks, it won't make a difference.

I do not think a big wedding is needed. Many couples - both US citizen couples and couples where the other is an immigrant -just get married at city hall. It is by no means a red flag. We got married at city hall with 6 of our closest friends, and neither one's family was there. We have pictures, of course, but definitely did not hire a professional photographer to document it for immigration purposes. To me, that would almost make seem fake.

Your relationship is short, that is a fact - and it might raise additional questions. If you come from a high fraud country, it will most definitely raise more questions. If there are other red flags involved (big age difference, for example), these will all accumulate and can make the interview a fairly challenging one. If you are 100% sure you want to marry now, and you have really thought it through, then my suggestion is to marry asap and file asap. No need to let your status expire. All you need to do is get the paperwork to USCIS before your status expires, and you enter a new period of authorized stay that lasts until you have a decision on your application.

[Mezzacalc 1]

Dear Little_My and engineer21,

Thank you so much for such detailed answers. I agree with both of and I think that I should marry and file for AOS asap before the overstay.

Little_My,

16. You said:

You marry, and you can file for AOS as soon after the marriage as you want and can.

Shall I do that after we find the place to live together, open a common bank account, i.e. gather bona fide evidence or before? Or I should 1. marry 2. bona fide evidence 3. file for AOS (all these three steps before the overstay begins)?

Thank you very much.

[Little_My 464]

You need to submit some evidence of a bonafide marriage with the AOS paperwork, in addition to the marriage certificate. You can then bring additional evidence to the interview. If you currently have none, then it seems pretty clear that you will have to get the evidence first before filing.

[Gosia & Tito 199]

Hello!

Here is my case: I am a F-1 student on my OPT, living in the US. I met a girl, who is the one I want to live with. I want to marry her. She is a US Citizen. We want to do that by the end of June. I have the following questions:

1. Shall I make concurrent filing for the Permanent Resident status (when forms I-130 and I-485 are filed together in one step) or filing for adjustment of status (when first a petition for I-130 is made, then I-485 application is made, two-step process)?

2. Is the interview conducted for all the marriages or only some of them?

3. My OPT days are to expire soon, then it will be followed by a grace period (60 days). Assuming, I made an application for an adjustment of the status by the end of this period of 60 days, but I won’t have the work authorization and advance parole, can I still reside in the US to wait for the answer to the application? Or will I still have to leave the country? Shall I make other applications (for visitor B-visa or extension of OPT)?

4. We won’t have an official wedding (due to financial issues). Will it cause any problems/questions?

5. I am in the US right now, I am going to marry here. Will I need immigration (fiancé visa)? Shall I apply for it?

6. The primary documents and forms I need for the application: I-485, I-130, I-864 and supporting docs. Have I omitted anything? If yes, then which?

Thank you in advance.

1. see the guides link in prior message

2. not all, but there is no particular rule about when yes/no. Given your situation, likely yes

3. I do not know the answer; but current average times for EAD are about 1-2 months after biometrics; which in turn are about 1-2 months after filing; the 130 might add some additional time. Since you are adjusting status from the time you file, I'd say that it would be ok to stay; but IANAL and not that current with this specific scenario. Used to be the case that it was ok; but I'm talking several years ago. You might want to file for EAD and AP at same time as the 485

4. As far as USCIS, what you need is a get a license, get marry and then register the marriage in the county where you marry. If what yo mean by 'official' is a religious ceremony; then it does not matter.

5. No; fiance visa is if you were not in the country.

6. As before, link in prior message

[Gosia & Tito 199]

Thank you all for such prompt answers to my questions, they are very helpful.

Here I have additional questions:

7. Shall I hire a lawyer to assist me during the paperwork and the interview? Is it necessary? If yes, what is the reasonable legal fee I should pay him?

8. Evidence of bona fide marriage: While we were dating, we have been living separately & we don’t have common bank account. Can it cause the problems/questions? At the moment we are planning to find a place to live together, also going to open a common bank account. Shall I make an application for adjustment of the status after I settle these issues or it doesn’t matter (please, consider 60-day deadline I mentioned in the previous questions)? What other evidence shall I provide?

Thank you in advance.

It is not uncommon to not have joint accounts, etc; unless living together. At same time, the short time between meeting for first time and decide to marry could raise questions. For example: why were you not living together already? There could be very good reasons (religious, etc); but you want to have reasonable answers to those kind of questions. I haven't seen it here yet, but you would have a 2 year GC; after which you would need to remove conditions; so while the first interview might not press much on joint accounts, insurance and the like -simply because it is just not possible to have a long trail-; when you remove conditions there could be a much more detailed interview, but that is after 2 years, so you would be able to build those bonafide facts.