Student Visa Changing Status?

[MiaAndSabry 6]

Hi everyone. Ok, so I basically need to know what all is involved in going from a Student Visa (F-1 with a work permit), to a permanent resident.

Details:

So my new husband is from Egypt. He’s been living here for about 2 years now. He came here on a student Visa, and he also works.

He and I were just “really good friends” for 3 months. Then we lived together for 6 months, before deciding to marry. We’ve been married since January 9th, 2014. Why so soon? Well, its a matter of the heart, and a sense of "family" between he and I. My mother died 5 months ago, and now my father died just 4 weeks ago! Both of sudden heart attacks. Sabry being my strength and my rock through all this tragedy really brought us together.

I personally feel that we need to start moving in the direction of him becoming a “permanent resident”.

I realize that a Student Visa is a non-immigrant visa. So… It seems he will have to change status. But since he is already here, I don’t think we need a marriage “visa”, as far as I know, a visa is only for people outside the country, right?

So… What exactly should we be applying for?

I was reading on this website: http://iss.washington.edu/procedures/change-status that he would have 2 options (I‘m thinking option 2, because we do want to stay together):

Option 1

Leave the U.S., apply for a new visa at a U.S. consulate, and reenter the U.S. with the new visa and other relevant documents. You will gain your new status when you are admitted into the U.S.

Option 2

Submit an application to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. This option allows you to change your nonimmigrant status while remaining in the U.S. With this option you may gain the new status but you will not receive a new visa; visas are only issued outside the U.S.

Again, just want to know exactly what we should be applying for, since Option 2 explains that it will be about status, not another kind of visa.

Thank you in advance,

Melissa

[Darnell 8,479]

hey - forget the USCIS websites for a moment,

and click on the word 'Guides' above.

That'll take you to a clickable ToC -

and

we've a guide for your situation.

[Boiler 45,898]

What do you mean by work? What is he doing?

[MiaAndSabry 6]

Darnell-- ok I'll check that out.

Boiler-- He works in a local bank. We just combine our incomes to cover all our bills. This apartment's not bad, its about $780 per month, but a great neighborhood. Like most places, they do require a certain household income to live here, and of course a 1-year lease at minimum. Which is why we would prefer to stay together as he adjusts status (aside from love ), because we're pinned under the lease and I can't pay for this place by myself.

[MiaAndSabry 6]

Darnell-- Again thaks, that link had some good tips. I guess I can write what I found, in case someone else is in our situation.

I did some extra reading about this involving student Visas, it seems that people on a student visa can apply for adjustment of status for family-based reasons (marriage, blood relative).

The pages I was reading say that to qualify for this:

1. They must be physically present in the United States. (Check)

2. Their immigration petition (I-130) must be approved, because student visas are non-immigrant visas (only applicable for those applying for a family-based petition, which marriage certainly is).

3. They have to be in the USA legally and in good standing. (Check)

4. There can be no change in circumstances (like if you file for a marriage-based change of status, and then you get a divorce, or separation, or your spouse dies, then it may not be approved). (Check)

5. It also says that adjustment of status is discretionary, so its basically up to the USCIS officer reviewing the case, whether its approved or not. Naturally, there can be no big "red flags" or "negative factors", such as a preconceived intent to enter the Untited States and adjust status, etc., etc. Immediate or close relatives (blood relations and spouses) are a strong factor, favoring adjustment. (Tripple check, lol)

Ok, so.... I'm guessing a lawyer would probably be a smart idea, just to make sure everything is processed correctly?

Edited January 19, 2014 by MiaAndSabry

[Darnell 8,479]

not really.

restudy Guide2.

[lasko12 9]

Just a little bit curious, as I know, F1 visa is not allowed to work off campus. Is he on OPT ?

Darnell-- ok I'll check that out.

Boiler-- He works in a local bank. We just combine our incomes to cover all our bills. This apartment's not bad, its about $780 per month, but a great neighborhood. Like most places, they do require a certain household income to live here, and of course a 1-year lease at minimum. Which is why we would prefer to stay together as he adjusts status (aside from love ), because we're pinned under the lease and I can't pay for this place by myself.

[Boiler 45,898]

That would be the obvious option, but he has not been here very long.

[mngoalie 10]

Ok, so.... I'm guessing a lawyer would probably be a smart idea, just to make sure everything is processed correctly?

no need. I just did the F-1 to GC via marriage. just follow the guide step by step. Save yourself some money. Go to the AoS forum and people there will help you with any questions you have on the paperwork. Everyone is great on here

See my signature for our timeline.

[Darnell 8,479]

I am not so convinced she's found Guide2 ...

http://www.visajourney.com/content/i130guide2

^^^ That's Guide2

Edited January 25, 2014 by Darnell