I have read about changing from an F1 visa to a permanent resisdent

[Helen&Murray 1]

Hi all,

I am new to the website, I am originally from Scotland and am in America on a F1 visa. My girlfriend and I have been dating for 2 years. For a few months now I have thought about asking her to marry me a little later this year. Last week I came across some real hardships causing me to drop out of college. I know I have (well i think) 30 days to get out of the country before getting in trouble with border control. My question is, is it possible for us to get married and for me to change my residence status over here?

Thanks in advance,

Murray

[DC85 113]

go over this post, yes you can

http://www.visajourney.com/forums/topic/410280-getting-married-while-on-opt/

[Helen&Murray 1]

Thanks for getting back to me so quick, I understand the link you sent me to, so If we got married we would just have to send in the I-485 and the other documents to accompany it? Also can I leave the country while this process is going on, or do I have to stay in America?

Cheers

[SBB 74]

Thanks for getting back to me so quick, I understand the link you sent me to, so If we got married we would just have to send in the I-485 and the other documents to accompany it? Also can I leave the country while this process is going on, or do I have to stay in America?

Cheers

While you are adjusting status you must remain in the US unless you get advance parole. You can submit the I-130 and the I-485 simultaneously (along with all the other required documentation). In my wife's case, the AOS took about 3 months and we didn't get her EAD card until the week of the interview.

[Helen&Murray 1]

How come I would need to fill in the I-130 petition if I was not leaving the country or bringing anyone over here? So correct me if I am wrong here, I am on a F1 visa, if we get married I can apply for the I-485, I-765 at the same time and while they are being processed I can stay in America?

Regards.

[Penguin_ie 5,993]

*** Moving from AOS Progress Reports to AOS from Student Visa ****

Your then-wife will need to file the I-130,l because before you can apply for a visa, her petition to allow you to do so must be approved- this is a two stage process. Details here: http://www.visajourney.com/content/i130guide2

You cannot leave the country or work for a few months.

[Helen&Murray 1]

Hey Penguin,

Thanks for getting back to me, Have you gone through the process yourself? Do you have to provide all of the pieces of evidence for the Bona fide marriage? How long roughly does it take not that times a worry I am just curious.

Regards,

Murray

[asdfg 18]

How come I would need to fill in the I-130 petition if I was not leaving the country or bringing anyone over here? So correct me if I am wrong here, I am on a F1 visa, if we get married I can apply for the I-485, I-765 at the same time and while they are being processed I can stay in America?

Regards.

Let me make it clear: You must have I-130 petition filed. This petition is filed by US Citizen for an alien relative.

Only after I-130 is approved you may file I-485 (if in US) or proceed with Consular processing (if abroad).

I-765 and I-131 can be filed concurrently with I-485 and free of additional charge (if filed at the same time).

Good luck.

[Little_My 464]

The processing times can vary from 4-5 months up to a year - every case is different, and multiple things can affect the processing time of your particular application. When I adjusted from F1 to permanent resident, my case took around 5 months from start to finish.

Yes, you need to provide evidence of bonafide marriage. This is all explained in the VJ guide and the instructions for the required forms. I suggest you take your time to read through all the forms and their instructions, and make yourself your own list of items that you need to obtain for each form. The evidence for bonafide marriage can include multiple things in addition to the marriage certificate, but most commonly people tend to send a copy of a joint lease/proof of living together, proof of co-mingling of finances such as joint bank accounts and credit cards, joint insurance, joint phone plans, etc.

[Helen&Murray 1]

Ok thank you very much for clearing me up cause I had it in my mind that you could apply for the I-130 petition and the I-485 at the same time so thank you very much for clearing that up for me.

[Little_My 464]

Let me make it clear: You must have I-130 petition filed. This petition is filed by US Citizen for an alien relative.

Only after I-130 is approved you may file I-485 (if in US) or proceed with Consular processing (if abroad).

I-765 and I-131 can be filed concurrently with I-485 and free of additional charge (if filed at the same time).

Good luck.

This is a bit misleading - he doesn't have to file the I-130 first and wait for it to be approved. For AOS, the idea is to file the whole package together,including I-130, I-485, and all the accompanying forms and documents. The I-130 will be adjudicated first, and then the I-485. If the I-130 is filed separately, it will only delay the processing of the whole application.

Ok thank you very much for clearing me up cause I had it in my mind that you could apply for the I-130 petition and the I-485 at the same time so thank you very much for clearing that up for me.

Muzzbuzzbee, you DO file them together. That is the whole idea of consecutive filing. Everything is sent out as one big package, but when you assemble the forms, you need to think about them as separate, stand-alone applications in the sense that if same documents are requested for both forms (I-130 and I-485), you have to include those documents separately for both forms. But you mail them Together.

[Helen&Murray 1]

Yea I figured it all just depended on each case.

Thanks for the advise yea my Fiancee has been printing off the forms and the instruction manuals to accompany them. But thanks for the heads up anyway I just hate how you look for info on the USCIS website and you can find yourself easily confused. Guess that's their way of having fun.

[asdfg 18]

Ok thank you very much for clearing me up cause I had it in my mind that you could apply for the I-130 petition and the I-485 at the same time so thank you very much for clearing that up for me.

Actually, you had it right. You can apply for both at the same time (as the poster above corrected).

What I meant to say was that only if you are approvable for I-130 (not after approved) you may file I-485. This is called concurrent filing.

[Helen&Murray 1]

Little_My thanks for helping clear that one out, I got confused when they said you had to apply separately because that didn't make much sence. We just have to double check everything so that we have everything. When you sent it all in did you send in pictures and other supporting evidence? I guess it can't harm us to send in more than is requested.

Cheers

[Little_My 464]

Somewhere in the depths of this forum there is a list of what I sent originally.. I can see if I can dig it out. But yes, we sent some pictures, and affidavits of friends and family members as well.