Student on F -1 planning to marry a US citizen .

[Hypnos 6,576]

1) You should provide as much proof of a bona fide marriage as you can; photos and affidavits only is unlikely to be sufficient since it's secondary evidence.

2) You will receive an interview notice in the mail a few months after you file.

3) If on the day you are approved (this might be on the day of the interview or it might be after it) you have been married for less than two years then you will receive a conditional green card from which you will have to file to remove conditions ~2 years later; if on the day you are approved you have been married for two years or more than you will receive an unconditional ten year green card from which you will not have to remove conditions.

4) After three years of being married to a US citizen who has been a US citizen for all of those three years and you live together in a true marital union, you can file for naturalisation (by filing an N-400). You can file 90 days before the three year point.

[pitmander 0]

Thank you Hypnos for all of your answers , you certainly have a lot of knowledge on this issue .

1 ) what will you say then is the most important "bona fide intent " showing document ? A marriage certificate ? For instance

2 )say I'll wait 2 years and then I'll get the 10 year green card . If it's unconditional what happens at the end of that 10 year period ? And is that green card dependent on our marriage ?

3 )concerning the affidavit of support .

Does my USC girlfriend had to earn more than that amount (125 federal poverty line right ) in the last year ( 12 months ) ? And how can she

show / prove it ?

4 ) and if not her can one of her parents be used for that purpose either fully or part of the sum ?

[jaycali 415]

And can I still go to school while pending ?

And if everything is legit do they have any reason not to approve ?

You can go to school according to your F-1 visa as long as you have a valid I-20. Your I-20/student status is your legal status until AOS is approved. If your marriage is legit, your spouse is a US citizen, and you don't have a criminal history or bad immigration history, you will not be denied.

What happens after AoS is approved?

Does AoS means green card ?

AOS = Adjustment of Status. You are essentially adjusting your status from student to permanent resident (permanent resident = green card). Thus, once AOS is approved, you will no longer be in student status, but rather be a permanent resident, aka green card.

[jaycali 415]

Thank you Hypnos for all of your answers , you certainly have a lot of knowledge on this issue .

1 ) what will you say then is the most important "bona fide intent " showing document ? A marriage certificate ? For instance

2 )say I'll wait 2 years and then I'll get the 10 year green card . If it's unconditional what happens at the end of that 10 year period ? And is that green card dependent on our marriage ?

3 )concerning the affidavit of support .

Does my USC girlfriend had to earn more than that amount (125 federal poverty line right ) in the last year ( 12 months ) ? And how can she

show / prove it ?

4 ) and if not her can one of her parents be used for that purpose either fully or part of the sum ?

1. You have to prove a bona fide marriage. A marriage certificate is the only proof of the marriage part so it is required with any AOS, but it does not prove the marriage is bona fide. Proof of a bona fide marriage may includes pictures, affidavits, joint bank accounts, joint utility bills, joint lease/mortgage, joint property etc. Basically anything that would make a reasonable person believe that the marriage is real.

2. The 10 year green card is unconditional, and while the physical card needs to be renewed after 10 years, your resident status remains unchanged. If you don't renew the actual card, you are still a permanent resident. It will no longer be conditionally based on your marriage. Consider it in many ways like a passport. A passport is usually valid for 10 years, but once it expires it does not mean you are no longer a citizen, you just need a new passport.

3. She needs to prove that she is currently making 125% above federal poverty guidelines for your state (slightly higher in Hawaii and Alaska). This is best proven by her most recent tax return transcripts, pay stubs and an employment letter or contract.

4. Yes, her parents can co-sponsor.

[jaycali 415]

As far as using pictures to show a bona fide marriage.. There are two ways of going about this. One proves a lot, one proves absolutely nothing;

1. You can gather up 200+ pictures showing your faces, all taken within a small timespan and it proves absolutely nothing. All it proves is that you have access to a camera and have met.

Or,

2. You can include 10 - 20 pictures showing you both in different places (cities/states/countries), during different seasons (winter/summer), with different hair styles or clothes. This proves that you have spent considerable amounts of time together over a large timespan.

[pitmander 0]

Thank you jcali as well .

Can her parents be the only ( full ) sponsors ?

[Hypnos 6,576]

No, the US citizen spouse is always the primary sponsor regardless of income.

[pitmander 0]

I see . What percentage or part is " primary " . Can the parents be half for instance ?

[Hypnos 6,576]

No one will be able to tell you that, but I don't think only photographs and affidavits will be enough to show a bona fide marriage.

[jaycali 415]

Thank you jcali as well .

Can her parents be the only ( full ) sponsors ?

No, she has to be primary sponsor even if she has no income.

No, the US citizen spouse is always the primary sponsor regardless of income.

Yep.

I see . What percentage or part is " primary " . Can the parents be half for instance ?

Only if they live in the same household.

[jaycali 415]

No one will be able to tell you that, but I don't think only photographs and affidavits will be enough to show a bona fide marriage.

I agree.

Since you're filing for AOS it means you're already married, and already living in the same country.

It is then assumed that you will be able to show proof of having lived together and at least some co-mingling of finances. You should be prepared to show at least a joint lease or other proof of living together, as well as a certain extent of joint bills, assets, bank accounts etc.

[pitmander 0]

How long does it usually take from the moment you ask for adjustment of status until your conditioned green card is sent in the mail ? ( if everything is approved of course )

[Hypnos 6,576]

From a K visa, ~6 - 12 months; from anything else, ~3 - 6 months.

[pitmander 0]

Jaycali can you confirm that ?

AoS from F1 through marriage 3-6 months ?

[jaycali 415]

Jaycali can you confirm that ?

AoS from F1 through marriage 3-6 months ?

If there are no major problems in the case, that sounds about right.

Expect about 6 months from AOS is filed.

If you're applying for work authorization, give it 2 - 3 months for the EAD card.

Once the EAD card arrives, you are allowed to work while the AOS process is ongoing, even though you are still in student status. Once AOS is approved, your student status is terminated and you are a conditional permanent resident.

Keep in mind that although your F-1 visa is multiple entry, you may not leave and re-enter, even with a valid I-20 (F-1 does not allow for immigrant intent). If you leave the US at any time during this process,, for any reason, you will not be able to re-enter for long, long time.

Edited November 7, 2013 by jaycali