Getting married now, sending in papers soon, going home in June?

[Bullan 0]

Hello!

I'm living together with my boyfriend in New York right now, and he's an american citizen. We've just decided to get married (!) and intend to do so next week if possible so we can get the 'ball rolling' so to speak.

I am currently on a M-1 VISA so we'll apply for an ASO immediately after the ceremony. However, I want to go back to my home country over the summer (from June to Sep) because I want to visit family and friends.

Can I apply for a Application for Travel Document (I-131) and then go back, while I wait for the ASO-interview? What will happen with my M-1 Visa? Will I be able to enter the US in August/September with the Travel Document? How long does it take for this kind of document to arrive to me, will I get it before June if I apply in April?

Also - what will I 'be' while I wait for the ASO-interview? Will I be considered an US resident - can I work? I suppose my school, who granted me the M-1 Visa would want to know if i change my status. =)

Any help is muchly appreciated! I did buy the book "Fiancé and Marriage Visas: A couple guide's to US immigration" which is a really helpful book, btw!

[hmh33 117]

I guess where you say "ASO" you mean "Adjustment of Status" (often abbreviated AoS, but this can be confused with an Affidavit of Support).

Follow this guide: http://www.visajourney.com/content/i130guide2

Typically the adjustment of status takes around 4 months, though it can be shorter or longer - occasionally much longer, if you missed something on a form or if USCIS makes a mistake. Therefore, in the same package with your I-130 and I-485 (and their supporting forms), you will submit an I-131 and I-765 to apply for temporary permission to travel and work (respectively), while you wait for your adjustment of status to be processed. Those both take around 2-3 months to be processed, after which you'll receive a "combo card" which functions as both Employment Authorization Documentation (EAD) and Advance Parole (AP).

If you apply within the next couple of weeks, you ought to receive your combo card before the end of June. Maybe not before the start of June.

While you are waiting, your status will be "pending adjustment of status". You may not work until the I-765 is approved. You can remain in school. If I were you, I would not say anything to the school until the adjustment of status is complete.

Your M-1 visa is void as soon as you apply for adjustment of status (and arguably it is already void since you have decided to file for adjustment of status). It's the visa that is void, not your current M-1 status (briefly: the visa is the document that you use to travel to the US. It is distinct from your current immigration status once inside the US). You should NOT leave the US between now and the approval of your I-131. If you do, your adjustment of status will be considered abandoned, and you'll have to apply for an immigrant visa abroad which will take many months.

[Cathi 5,757]

what is ASO?

[Bullan 0]

Sorry, what I meant with ASO was Adjustment of Status - thanks hmh33 though for you fantastic reply! =)

Alright, that might be a bit more stressful than I thought then, although it's good that I can apply for everything at the same time.

If I only apply for a travel document and not work document, could it go faster then?

Is there a particular reason why I shouldn't talk to the school about my change of status? One of the reasons why I want to do it is because I want to do their part-time program and not full-time program (which I have to right now as an international student). If they know that I'm about to become an immigrant, and not a student anymore, they might let me switch from the full time to the part time...?

[seth2013 39]

Applying for only the travel document will not make it go any faster.

hmh33 may have a specific reason about not telling your school, but when I applied for AOS for my husband he told the school what he was doing so he could work longer hours. They didn't seem to care, and nothing changed except that he no longer had to pay the "international student" fee when we showed them the NOA.

Edited March 8, 2013 by sethless

[Bullan 0]

What's the NOA? Sorry.. *idiot*

[seth2013 39]

Sorry- Notice of Action. It's just the letter that they send you saying they have received your files and will begin reviewing it.

Edit: I should add that all the schools and states do things differently. I would do a little research and asking around, and weighing the pros and cons, before you decide to tell them or not.

Edited March 8, 2013 by sethless

[Bullan 0]

Hi again,

So, for an Adjustment of Status (going from student visa to marriage visa) we can fill out and send in this form at the same time:

I-130

G-325

I-485

I-765

I-693

I-131

G-1145

Am I missing something?

[hmh33 117]

Hi again,

So, for an Adjustment of Status (going from student visa to marriage visa) we can fill out and send in this form at the same time:

I-130

G-325

I-485

I-765

I-693

I-131

G-1145

Am I missing something?

Follow the guide closely, and read the instructions that USCIS provides for each of the major forms.

You need two copies of G-325a, one for petitioner (US citizen husband), one for beneficiary (immigrant wife).

You need an I-864 or I-864EZ, the affidavit of support from your husband who must be your primary sponsor. If your husband does not have enough income and/or assets to qualify as your sole sponsor, you will need an additional I-864 and possibly I-864A from your joint sponsor.

Many of the forms need various pieces of evidence to be attached, e.g. photocopies of birth certificates, passports, tax returns, evidence of marital bona fides etc. The instructions tell you what.

[Bullan 0]

Yes, about that sponsor thing:

My BF is a dual citizen and just moved to NY in January. He has a job that pays 70,000 a year but like I said, he has only worked there since january. His earlier work history is set in my (our) home country. He was born in the US and lived here until he was 5. His dad is still living here. I suppose his dad could go in as our sponsor if need be, however, it'd suck to drag in more people into this than necessary.

What'cha think?

[hmh33 117]

It's his current income that matters. He'll have to include copies of the last couple months' paystubs to prove it, then he should be fine.

[newacct 688]

You need two copies of G-325a, one for petitioner (US citizen husband), one for beneficiary (immigrant wife).

And they need another copy of the G-325A for the beneficiary for the I-485, I believe.

His earlier work history is set in my (our) home country.

Make sure that he has filed U.S. taxes on that work. As a U.S. citizen, he is required to report his worldwide income, but may or may not have to actually pay taxes if he uses the Foreign Earned Income Exclusion or something like that.

[AnotherLostSoul 167]

I don't know in terms of laws and regulations and how they different between M1 and F1 visa, but in our case, I was on F1 visa and I asked ahead the international office about what I am going to be, or what to do. They told me that I have the right to "choose". I can choose either:

1. stay F1 student until my application pending.

Drawback: can only work on campus, and have to pay international tuition fee.

Advantage: if AOS gets denied, you can still maintain your F1 status (and maybe this works for M1 as well- not sure) while you are still studying without needing to exit the country for good.

2. cancel F1 status and put myself into "pending"

Drawback: if AOS denied, you're up for deportation and there's no way you can finish your school here even if you would have another 4 years left.

Advantage: I don't see what is the advantage actually as here in CA for tuition purposes you would have to be a permanent resident for one year before considered resident for tuition purposes....I guess the advantage would be that you can take a break from school without being worried if your SEVIS record gets terminated for not being registered as a full time student...

So, if M1 has the same regulations as F1, then this will apply to you and I recommend you to go to your international office, tell them you are applying for adjustment of status, but would like to remain on your international M1 visa until final decision has been made (approval/denial). They should NEVER terminate your status IF M1 has the same regulations as F1.

I hope this helps a bit..good luck!