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carterwinkie

Marrying person on a student visa

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

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carterwinkie Newbie

carterwinkie   0

Posted
Filed: Other Timeline
Posted

Hi!

You all were super helpful to helping me navigate the visa process and bring my Japanese citizen spouse over on a CR1 Visa.

My sister and her boyfriend are wanting to get married. He's from Slovakia, and he came to the US on a student visa. He's now on a F-1 OPT Visa, which is going to expire in January.

Is there a way they can get married and he can adjust his status without having to return to Slovakia?

Or, should they go for a K3/CR1 visa?

longtrip Explorer

longtrip   24

Posted
Filed: IR-1/CR-1 Visa Country: Cameroon
 Timeline
Posted

Your sister and her boyfriend can get married and file for adjustment of status as long as his student visa is still valid. K3/CR1 is not applicable in this case. They should marry before his visa expires.

USCIS:

04/01/13: I-130 Sent

04/03/13: I-130 Package received by CIS – Priority Date

04/04/13: I-130 NOA1 Email received

04/08/13: I-130 Check cashed ($420)

04/08/13: I-130 NOA1 Hardcopy received

11/14/13: I-130 transferred from NBC to Nebraska Service Center

03/02/14: I-130 NOA2 Email received

03/06/14: I-130 Email received - Shipped to NVC

03/06/14: I-130 NOA2 hardcopy received


NVC:

03/12/14: I-130 petition received at NVC

04/14/14: I-130 Case number Assigned

04/16/14: AOS invoice generated

04/16/14: AOS invoice available and PAID ($88.00)

04/17/14: Mailed AOS Package to NVC

04/21/14: AOS Package delivered at NVC

04/24/14: IV invoice available and PAID ($230)

04/25/14: IV Package mailed to NVC

04/28/14: IV Package delivered at NVC

04/28/14: IV Fees deducted from bank account

04/29/14: IV fee shows as “PAID”

04/29/14: DS-260 Submitted online

05/12/14: AOS (I-864) Accepted – No checklist

05/20/14: Case complete

06/11/14: Interview date assigned (July 29 at 8am)

06/12/14: Case shipped to consulate


CONSULATE (Cameroon):

06/16/14: Case arrives consulate

06/26/14: Case shows READY in system

07/14/14: Medical done - Medical Fees ($220)

07/29/14: Interview date @ 8:00 am. Interview Approved

08/21/14: Visa Received

08/27/14: US Entry

09/05/14: Paid Immigrant Fee via USCIS Elis system ($165)

09/12/14: Immigrant Case received by USCIS Mesquite TX office

10/02/14: Green card received


REMOVAL OF CONDITIONS (I-751):

06/03/16: I-751 sent ($590)

06/06/16: NOA1 Date (I-751 Package received by CIS)

06/13/16: I-1751 NOA1 Hardcopy received (with note EXTENDING CONDITIONAL RESIDENCE FOR 1 MORE YEAR). No need to have passport stamped at local office while case is being processed.

lasko12 Explorer

lasko12   9

Posted
Filed: Citizen (apr) Country: Singapore
 Timeline
Posted (edited)

Your sister and her boyfriend can get married and file for adjustment of status as long as his student visa is still valid. K3/CR1 is not applicable in this case. They should marry before his visa expires.

I think you meant "before his I20 expires" not visa because student visa can be expired when applying for AOS. Student F1 visa is only for you to enter the States. The I-20(issued by school) and the blue stamp on the I-94(attached to the passport by the customs at the port of entry) determine how long you can stay here before being marked as "out of status". People are usually confused between those.

Edited by lasko12
longtrip Explorer

longtrip   24

Posted
Filed: IR-1/CR-1 Visa Country: Cameroon
 Timeline
Posted

Sorry I meant before his I-20 expires. He must still be in status - that means, currently attending school. If he is in status, then he can get married and file for adjustment of status.

USCIS:

04/01/13: I-130 Sent

04/03/13: I-130 Package received by CIS – Priority Date

04/04/13: I-130 NOA1 Email received

04/08/13: I-130 Check cashed ($420)

04/08/13: I-130 NOA1 Hardcopy received

11/14/13: I-130 transferred from NBC to Nebraska Service Center

03/02/14: I-130 NOA2 Email received

03/06/14: I-130 Email received - Shipped to NVC

03/06/14: I-130 NOA2 hardcopy received


NVC:

03/12/14: I-130 petition received at NVC

04/14/14: I-130 Case number Assigned

04/16/14: AOS invoice generated

04/16/14: AOS invoice available and PAID ($88.00)

04/17/14: Mailed AOS Package to NVC

04/21/14: AOS Package delivered at NVC

04/24/14: IV invoice available and PAID ($230)

04/25/14: IV Package mailed to NVC

04/28/14: IV Package delivered at NVC

04/28/14: IV Fees deducted from bank account

04/29/14: IV fee shows as “PAID”

04/29/14: DS-260 Submitted online

05/12/14: AOS (I-864) Accepted – No checklist

05/20/14: Case complete

06/11/14: Interview date assigned (July 29 at 8am)

06/12/14: Case shipped to consulate


CONSULATE (Cameroon):

06/16/14: Case arrives consulate

06/26/14: Case shows READY in system

07/14/14: Medical done - Medical Fees ($220)

07/29/14: Interview date @ 8:00 am. Interview Approved

08/21/14: Visa Received

08/27/14: US Entry

09/05/14: Paid Immigrant Fee via USCIS Elis system ($165)

09/12/14: Immigrant Case received by USCIS Mesquite TX office

10/02/14: Green card received


REMOVAL OF CONDITIONS (I-751):

06/03/16: I-751 sent ($590)

06/06/16: NOA1 Date (I-751 Package received by CIS)

06/13/16: I-1751 NOA1 Hardcopy received (with note EXTENDING CONDITIONAL RESIDENCE FOR 1 MORE YEAR). No need to have passport stamped at local office while case is being processed.

  • 2 weeks later...
vashka Rookie

vashka   0

Posted
Filed: AOS (apr) Country: Mongolia
 Timeline
Posted

No, in fact he really doesn't have to be "in status"

My ex told me she was on an F-1 visa when we got married. What she didn't tell me was that she NEVER attended a day of school and instead worked illegally for three years before finding some sucker to marry her. Before the marriage happened though, she was also arrested for shoplifting (before she had a green card) and her conviction on this offense didn't trigger anything from USCIS either. Unfortunately I found out she had never attended classes 3 years later when she was applying for student aid (and got it!).

After the green card, and shortly after getting the conditions lifted on her initial 2 year card she got convicted of another shoplifting charge. Since then she has acquired three additional shoplifting convictions.

So you see, the current administration is not checking anything anyway. At our interview, my ex was never asked about her school attendance or any previous arrests. Instead, she was able to pull this over on USCIS the same way she was able to pull it over on me.

So I really wouldn't worry about the interview anyway. Its obvious they don't check anything anyway.

 
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