Starting out, so confused, please lend a hand!

[MATTOB 0]

I've sat here for 6 hours straight researching every website available including this one and I am at a loss about some things. Please can one of you help me out, i appreciate it so much in advance!

I've learned a lot but i need help, here it is...

I am a British citizen and I am currently on an F-1 student visa. I'm planning to get married this week (we're very happy) to a US citizen and i need help. After i get married I don't know what to do next. Do i do the i-130 or the i-485? I'm so confused on what one i need to do or both? This is because im already over here on a valid visa (f-1) so i think i can skip fiance visa etc and go right to the AOS.

Am i right?

I'm also trying to clarify that i can stay in the US once i get married and send the forms in even tho i may have graduated (hopefully this fall) and no longer be in full time education any more. It seems that even if i over stay on my f-1 visa i can still get my AOS and it will be forgiven. I'm trying to do this before i finish school and my grace period is over. I'm not wanting to go home as my father died and i have no place to go back to, now that i'm in the US. Can i stay while my case for AOS is pending or do i have to go home and come back? I do not want to have to do this.

So, what is my first step right after marriage? What form? What's first?

Thank you so much in advanced, this is a lot harder than my f-1 visa!

god bless you all

matt

[YuAndDan 153]

Read these guides then ask questions:

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...p;page=otheraos

If adjusting status from another visa type you need to file I-130 and I-485 together.

[Dr_LHA 3]

Yes, do as YuAndDan says, and rest assured that you can go from F-1 to Green Card without having to leave the US for any period of time. As soon as your file your I-130/I-485 you can legally remain in the US while its processing even if your F-1 runs out.

[MATTOB 0]

Thank you both so much, yes i did read that page very carefully and many other pages (but thank you for the links) i was just confused as to what form to file, because i couldn't find it anywhere that said i needed to do both. But now i know, and so i can begin this process.

Listen guys, i have another question and i may ask it elsewhere but i'll try here first.

My girlfriend doesn't yet make the required amount to sponsor me above the 125% poverty limit, but i have family over here and my grandparents happen to be quite wealthy (good for them lol) and are both american citizens....can they sponsor me instead, or co-sponsor? I hope they can, it will make this whole process for me much simpler than trying to explain that my girlfriend doesn't yet make 16 grand a year to sponsor me.

Thanks in advanced, what a great help you all are.

matt

[Dr_LHA 3]

Any US Citizen or permenant resident can be a co-sponsor, so yes your rich grandparents can! Your future wife will have to be the main sponsor still, even though she doesn't make enough.

[MATTOB 0]

Oh thank you so much for your fast reply. I've read on quite a few websites that any other sponsors other than your spouse has to have lived with you for 6 months etc etc, a whole lot of junk like that, there is so much misinformation out there.

I'm not taking any of this information lightly or for granted, it would cost me a lot of money to find this out with some lawyers.

This is great, tho. I can stay in the country.

I have many questions but i'm trying to take things one step at a time.

I'm on an F-1 visa as i have mentioned and i'm trying to find out if there is going to be a problem because i graduate this semester and i get a grace period of 2 months. Now, we were planning to have a real ceremony in march but my grace period runs out in feb. Sould i be realistically concerned about this? I've so many reports of people who haven't even gone to school for many years while in the US and they get forgiven, my situation would be literally weeks, and my actual student visa (f-1) is good for another year, doesn't run out till 2008

You guys are the best, and i thank you with a humble heart.

matt

[MATTOB 0]

I hope my question is in the right place, and clear. Thanks guys.

[Killer_Clown_2009 0]

Aren't you getting married this week though?

Once you are married you can send in your applications I-130/I-145.

[Dr_LHA 3]

Oh thank you so much for your fast reply. I've read on quite a few websites that any other sponsors other than your spouse has to have lived with you for 6 months etc etc, a whole lot of junk like that, there is so much misinformation out there.

That's a slightly different issue. Household members income can be included in your wife's income, so if your lived with your parents, their earnings can be lumped in with your wife's to push the total over the poverty level. This is different to having a co-sponsor. I assume you and your future wife will be living alone, so this shouldn't affect you. What you need is a co-sponsor.

I'm on an F-1 visa as i have mentioned and i'm trying to find out if there is going to be a problem because i graduate this semester and i get a grace period of 2 months. Now, we were planning to have a real ceremony in march but my grace period runs out in feb. Sould i be realistically concerned about this? I've so many reports of people who haven't even gone to school for many years while in the US and they get forgiven, my situation would be literally weeks, and my actual student visa (f-1) is good for another year, doesn't run out till 2008.

Even if you overstay your visa, i.e. your visa runs out before you get married, USCIS cannot legally hold that against you when you file for AOS. The only problem is that you risk deportation if caught in the USA by border patrol or ICE officers if you're present in the country after your grace period and have not file for AOS. Realistically the chances of this happening are negligible unless you fancy playing chicken with the Mexican border.

[MATTOB 0]

That's great to know, and i dont think i'll be playing chicken at the mexican boarder any time soon lol. Thank you for helping me understand the whole process. we're to be married in march, so my visa technically doesn't run out until dec 31 07, but i won't be in school full time any more, although i doubt that ins will show up looking for me, like they don't have 6 million illegal aliens in my area they're trying to find and deport first. Some random english guy living in the sticks probably doesn't rank too high on their kill on sight list.

thanks again

[zyggy 9]

Please realize that once you file the I-130/I-485, your F-1 visa and associated status is cancelled. Do not leave the US until you have Advanced Parole.

If you are concerned about the gap in your status, have a Civil marriage before that time and continue on with your big ceremony. No one needs to know about the CIvil Marriage and it will not detract from your other ceremony...

If it were me.. I would want to get the paperwork rolling ASAP...

Edited December 15, 2006 by zyggy

[Alex. 2]

Do not do anything that might jeopardize your F1 visa status until you file for adjustment of status AND receive a NOA. USCIS will come afte you before any of the 6 million illegal immigrants. Schools now have a system that will warn USCIS if you fall out of status. Do not do anything stupid. Stay legal AT ALL TIMES otherwise you will make any future AOS a nightmare worse than it already is.

Alex.

That's great to know, and i dont think i'll be playing chicken at the mexican boarder any time soon lol. Thank you for helping me understand the whole process. we're to be married in march, so my visa technically doesn't run out until dec 31 07, but i won't be in school full time any more, although i doubt that ins will show up looking for me, like they don't have 6 million illegal aliens in my area they're trying to find and deport first. Some random english guy living in the sticks probably doesn't rank too high on their kill on sight list.

thanks again

[SC & TF 1]

Please realize that once you file the I-130/I-485, your F-1 visa and associated status is cancelled. Do not leave the US until you have Advanced Parole.

If you are concerned about the gap in your status, have a Civil marriage before that time and continue on with your big ceremony. No one needs to know about the CIvil Marriage and it will not detract from your other ceremony...

If it were me.. I would want to get the paperwork rolling ASAP...

I was also in your situation. But, I filed for OPT before I graduated and got my EAD to work. I got married in October, and then filed I-130/I-485/I-765. My OPT doesn't expire until Feb. 2007, so hopefully by then I should receive my new EAD. You can also file for OPT so you can work while waiting for your application/petition. My husband's mom was a joint sponsor for my application because he didn't make enough last year as he was a student.

Edited December 16, 2006 by SC & TF