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mindstorm00

F1 visa holder getting married... need advice :)

By mindstorm00 in Adjustment of Status from Work, Student, & Tourist Visas

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mindstorm00 Newbie

mindstorm00   0

Posted
Filed: F-1 Visa Country: Morocco
 Timeline
Posted (edited)

Hello guys,

I'm currently a f1 visa holder, and I'm getting married to my American girlfriend. We have being together for 2 years now, and when she knew I might drop out of school here because of financial reasons, we decided it was time for us to get married because we don't wont to loose each other over this.

My situation goes like this:

-I'm an f1 visa holder. The semester is starting on the 23 of august, and I cannot afford to pay the tuition ''8000$''

-I already contact school and told them I might be taking the semester off. They said I'll have to leave the country around the 10th or 15th of September to avoid overstaying here.

-We are trying to get married around the end of august, as we are waiting for her parents to approve our union. witch leaves me with no more then 15days legally.

Now my questions are:

- What are the forms that we need to fill to change my status?

- Am I going to be able to stay in the country after filling the forms and awaiting the approval or change of status. If not what should I do?

- If I do decide to go home and wait for my change of status, how much time does it take for everything to get done?

I'd like to thank you for taking the time to read and reply.

Cheers

Edited by mindstorm00
Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

You will be filing for AOS, i.e. Adjustment of Status to permanent resident. VJ has a great guide for the process here:

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

In addition to the guide, you need to download all the forms listed in it, and all their instructions, preferably from the USCIS website. Read them carefully, make yourself a list of what is needed, and start accumulating the necessary documents. You'll most likely have to obtain some documents from your home country, such as your birth certificate, so it's always best to start early.

Once you have filed the AOS paperwork and USCIS has received them, you will enter a new period of authorized stay, independent of your F1 visa. You'll actually no longer be considered under F-1 status once AOS has been filed, and therefore you won't have to worry about staying in school. If you want to avoid overstaying at all, you need to make sure USCIS receives your AOS paperwork before your F1 status expires. However, overstay is irrelevant for spouses of US citizens, so even if you do end up overstaying for a few weeks, it won't really matter in this situation. Best to aim to get the paperwork to USCIS before your status has expired though.

If you file for AOS, you cannot leave the country until you either receive the GC, or the temporary Advance Parole travel document, which usually takes around 90 days from filing. If you do leave with a pending AOS, without the AP, your AOS is considered abandoned and you have to re-file for a CR-1 spousal visa from your home country. You will also lose all the fees you paid for AOS.

If you need to return home to take care of business there before permanently relocating to the US, you can get married here, and then leave and file for the CR-1 from home. I think the processing times for CR-1 visas are around 9-11 months, give or take a few. AOS takes between 4 to 6 months on average, from start to finish.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

mrs_gonzo Explorer

mrs_gonzo   9

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

Well you shouldnt get married because of financial reasons, but other than that you should be able to adjust your status, just make sure to get married and file asap.

If you file you can remain in the country while your status is pending and until uscis makes.a decision.

You.shouldnt leave the country unless u.have the advanved parole.

~Sometimes you must live through the darkness in order to see the light~

♥ ♥ ♥ 11/30/2012 - We got married in San Diego, CA ♥ ♥ ♥

CoS from J1 to F1 now AoS

Day 00 - 01/02/2013 sent AOS package via USPS

Day 02 - 01/04/2013 package arrived in the am *patiently waiting for more*

Day 05 - 01/07/2013 received text messages for all 4 forms

Day 06 - 01/08/2013 checks been cashed

Day 08 - 01/10/2013 received NOAs for all four forms

Day 12 - 01/14/2013 received appointment letter for biometrics on 02/01/2013 but completed biometrics the same day

Day 27 - 01/29/2013 received email that our case is ready to be scheduled for an Interview :)

Day 29 - 01/31/2013 received an email that our Interview will be on March 6 2013!!!!!!!!!

Day 33 - 02/04/2013 received hardcopy of interview letter

Day 62 - 03/05/2013 EAD/AP approved

Day 63 - 03/06/2013 scheduled interview appointment - APPROVED

Day 66 - 03/09/2013 I130 & I485 Approval noitces arrived in the mail

Day 70 - 03/13/2013 EAD/ AP combo card arrives in the mail

Day 71 - 03/14/2013 Greencard arrives yay!!!

x7gf2rvxm9gk.png

mindstorm00 Newbie

mindstorm00   0

Posted
Filed: F-1 Visa Country: Morocco
 Timeline
  • Author
Posted

Well you shouldnt get married because of financial reasons, but other than that you should be able to adjust your status, just make sure to get married and file asap.

If you file you can remain in the country while your status is pending and until uscis makes.a decision.

You.shouldnt leave the country unless u.have the advanved parole.

Hahaha! I'm not getting married because of financial reasons. More because my girl are have being talking about it for a while, and I don't want to be separated for 11 months.

Thank you for the advice tho :)

 
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