Student Visa -> Spouse?

[detri 0]

Okay... I met my girlfriend over the Internet. She had come to the US from PI on a student visa. She hasn't started school yet (Jan 13th), and she's in Michigan, while I'm in Florida.

So... after meeting a few times, we decided we should get married. I am a full-time student, and don't have a job currently. So, I'd have to have a co-sponsor. Which isn't a problem, as my father is willing and able.

What steps do we take? She was told she should wait 3 months to see if we are "capable" or something as sponsors? I'm a little confused on this.

I read an article on about.com and it said you can just file for an adjustment of status?

Could anyone shed some light on the process we need to take right now? Do we need to get married before we apply for anything, and would she need to stay in school for a while after we do get married? I'm so lost...

About's article: http://immigration.about.com/cs/immigratio...udent2spous.htm

Edited January 3, 2007 by detri

[sheraz 0]

You should probably wait at least 30 days. One semester wait would be best.

Do realize that USCIS can construe a marriage in less than 30 days as one where an individual had immigration intent but came on a non immigrant visa.

[detri 0]

But we can get married beforehand, right? Then wait 30 days? She's been in the US for over 6 months.

Edited January 3, 2007 by detri

[detri 0]

I hate to be pushy, but I need some opinions quick...

[riblet 0]

Usually the best advice for someone in your situation is to have a brief consultation with an immigration attorney to make sure there is nothing that would interfere with filing for adjustment of status - as we can never know all the details, and aren't lawyers

I'm just curious why she hasn't started school if she's been here for over 6 months on a student visa... I don't really know much about student visas though.

I think one of the issues in your case might be to show that she did not enter the U.S. with the intent to remain. Finally, I also don't know what impact filing for adjustment of status would have on the student visa.

As for the Affidavit of Support, there isn't any sort of waiting period that I've ever heard of.

Good luck with everything.

[detri 0]

Thanks, I'm wondering if it's possible for her to move down here ... or would she have to keep going to school? The guide on this site states that as long as you keep the visa's status alive (which would mean attending school, right?), she can stay here as long as she needs... I guess we should talk to her school about that? heh

[riblet 0]

I've heard that most schools have an international student liaison who can be very helpful.

Good luck again

Thanks, I'm wondering if it's possible for her to move down here ... or would she have to keep going to school? The guide on this site states that as long as you keep the visa's status alive (which would mean attending school, right?), she can stay here as long as she needs... I guess we should talk to her school about that? heh

[MPGGPM 0]

Thanks, I'm wondering if it's possible for her to move down here ... or would she have to keep going to school? The guide on this site states that as long as you keep the visa's status alive (which would mean attending school, right?), she can stay here as long as she needs... I guess we should talk to her school about that? heh

If you look more on those same guides, it also states that it is not so much the marrying early after entry into the states on a student visa that USCIS is concerned about.....but the actual applying for AOS so soon after entry.

So, going by what those guides on this website say, marrying , even if early after entry, is not as big an issue. I would wait a while to do the AOS afterwards ,though.

But, as you.....I am just going by what I read on this site.....and take it for what it's worth.

Finally.......double check her student visa and find out what type it is. If it is F-1.........it will probably be easier than if she came on a J-1. There are different types of student visas.

[detri 0]

Yes. She's here on an F-1. She's been here since March '06. We're getting married this week. She intends to go to school for a month or two then move down here. At that point I guess we'd apply for AOS. We're talking about March '07. Once we apply for AOS, her student visa is no longer valid, so she'd no longer have to attend school - correct? But she does wish to, so we might enroll her in a few classes or something at the local community college after her F-1 is invalidated.

Her intent of entry was to study. Period... it just happened to change a bit when we met

[detri 0]

Well, we're married. She's probably going to finish a semester. We can apply her for a EAD right now, right? Before applying for adjustment of status. Should she use the name that's on her Visa for the EAD or does she have to use my name (Wouldn't it be fraud if she didn't use her married name?)

After she gets a work permit, we could apply for adjustment of status and she'd still have a "reason" to be here and we'd eliminate most of the risk, correct?

[riblet 0]

No, sorry, she can't apply for an EAD before filing AOS. If she was here on a K3 it would be a different story.

[Yodrak 7]

detri,

The article you reference seems pretty clear and straightforward to me. Follow the steps.

Yodrak

Okay... I met my girlfriend over the Internet. She had come to the US from PI on a student visa. She hasn't started school yet (Jan 13th), and she's in Michigan, while I'm in Florida.

So... after meeting a few times, we decided we should get married. I am a full-time student, and don't have a job currently. So, I'd have to have a co-sponsor. Which isn't a problem, as my father is willing and able.

What steps do we take? She was told she should wait 3 months to see if we are "capable" or something as sponsors? I'm a little confused on this.

I read an article on about.com and it said you can just file for an adjustment of status?

Could anyone shed some light on the process we need to take right now? Do we need to get married before we apply for anything, and would she need to stay in school for a while after we do get married? I'm so lost...

About's article: http://immigration.about.com/cs/immigratio...udent2spous.htm

[detri 0]

So... she can just leave before even starting her semester, or within 30 days of the start of the semester, get her tuition back, and come live down here?

Would this be okay? We've got substantial evidence that our relationship bloomed after her port of entry. She could come down here, file for AOS and EAD at the same time (we'd need to have the same address, correct? That's why I'm wondering about this)...

We don't want to waste her parents' money on school if we can just skip it and have her come down here. She'd do some school work in the meantime anyways (down here), so there'd be no question if she came here to study or not.

Thanks for the quick reply, Riblet.

[Yodrak 7]

detri,

Your first question deals with school policy, not immigration policy.

You do not need to have the same address. She can stay in Michigan and go to school. Why do you feel that doing so would be a waste of her parents' money? Would they have been wasting their money on her schooling had she not met and married you?

Yodrak

So... she can just leave before even starting her semester, or within 30 days of the start of the semester, get her tuition back, and come live down here?

Would this be okay? We've got substantial evidence that our relationship bloomed after her port of entry. She could come down here, file for AOS and EAD at the same time (we'd need to have the same address, correct? That's why I'm wondering about this)...

We don't want to waste her parents' money on school if we can just skip it and have her come down here. She'd do some school work in the meantime anyways (down here), so there'd be no question if she came here to study or not.

Thanks for the quick reply, Riblet.

[detri 0]

Well, the school she's going to is offering a program that isn't quite what she wanted, and since she already has a lot of credits, she could just go to the school down here and finish her past degree. It's not really the big issue here - it's the time - it's sort of difficult for us to be apart obviously.

So she doesn't need to be at the same address to apply for adjustment of status? Would that not throw up a red flag to USCIS? Or can we just claim that financial / schooling issues keep us apart? We'd rather just have her move down here, honestly. So would my family. She's walking 3 miles a day to go to school, in Detroit, during winter, so we don't feel safe letting her do that.

I'm just trying to make sure that if we CAN avoid her having to go through all of that, that we get it done.