AOS quoestions?

[Askim16 0]

Hello, first off this site is wonderful and so helpful. Thank you all.

Here is my story, I recently went through a long long divorce and custody battle with my ex. During this time I met and fell in love with my current girlfriend. She has been a rock in my life through this whole ordeal and she too has had a very rough year that i too have been able to be a rock for her. We love each other to no end and feel that this is true love.

I would like to marry her and she wants that too. She is currently on a valid F-1 visa in good standing with over two years left on it. I am first off concerned with filing, do you need a lawyer? Is it something you can do yourself(both of us)? Will my divorce put us in danger? The last thing i want is to mess up her current visa. The divorce was official early January this year (it was very very drawn out). Thank you all so much for your time!

[hmh33 117]

Assuming no complicating factors, you don't need a lawyer. Of course, this is a catch-22 because often you won't know what might be a complicating factors without a good lawyer. But most people on this site, including myself, have filed their own applications and been fine. It is also possible to get all the paperwork together yourself and have an immigration lawyer simply review it before you file, for much less $$ than they would charge to do the whole thing.

I don't think your divorce will be relevant at all except that you'll have to include the divorce decree with the application.

Merely getting married won't affect her F-1 status. Once she has made the decision to adjust status and immigrate to the US, she may not use her F-1 *visa* to travel abroad and return to the country because that visa requires "nonimmigrant intent". But she is fine to stay here and stay in school as long as she doesn't leave the country. A couple of months after filing, she should receive an EAD/AP "combo card" that will allow her to travel abroad and to accept employment. When the green card itself is approved a couple of months after that, she should then advise the university of her change in status.

This is the guide you should follow: http://www.visajourney.com/content/i130guide2

[coolmind1414 13]

I agree with hmh33. No lawyer needed.. this website saved me lawyer fees for sure.. Thanks VisaJourney...

[AnotherLostSoul 167]

Hello, first off this site is wonderful and so helpful. Thank you all.

Here is my story, I recently went through a long long divorce and custody battle with my ex. During this time I met and fell in love with my current girlfriend. She has been a rock in my life through this whole ordeal and she too has had a very rough year that i too have been able to be a rock for her. We love each other to no end and feel that this is true love.

I would like to marry her and she wants that too. She is currently on a valid F-1 visa in good standing with over two years left on it. I am first off concerned with filing, do you need a lawyer? Is it something you can do yourself(both of us)? Will my divorce put us in danger? The last thing i want is to mess up her current visa. The divorce was official early January this year (it was very very drawn out). Thank you all so much for your time!

Askim: if your girfriend has two years still left why don't you wait a bit...that way your current divorce becomes a "long time ago" instead of "yesterday". Changing the F1 into GC takes 3 months (or at least in my case that's how long it took) so basically you guys can start thinking about adjusting her status 6 months prior to her finishing her school. Also, F1 students have the option of OPT that one can be one for 3 whole freaking years after F1 visa. So in that sense for 5 years she could be still here (assuming she applies for OPT after her F1 studies are done). So, I feel you guys might want to wait, just because of your divorce being so recent. They do look at that, and it is always a concern, and USCIS might not going to be flattered for you to remarry this fast. Anyway, you don't need a lawyer...papers are easy to fill out and this form is full of advice on what else to attach. I did not use a lawyer either...approved at the spot without any RFE or any hurdles...and the whole thing took literally 3 months! Good luck to you!

Edited January 22, 2013 by AnotherLostSoul