F1 visa-130 adjustment

[Alex3009 0]

Hi I need some advise as far as being on a student visa and getting married and adjusting the status. My friend is on a student visa which expires soon. She just found out that she is pregnant. They want to get married and adjust her status. If someone can help me with a few questions I will appreciate it.

1) Does she need to file a I-130?

2) does she need to apply for an extension of the visa or will the filing of i130 automatically extend her visa?

3) can she work or go to school while the petition is pending? Or does she need to file something else?

4)!in your experience is it easier to file the i-130 or Fiancé visa petition?

Thank you for any info.

[Melibelle 10]

Follow this guide for status adjustment:

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

1. She will have to file an i130 and i485 (to adjust status), also an i765 (for an EAD if she wants to work before she gets her green card) and an i131 (Advanced Parole) if she may want to leave the country while the green card is being processed

2. Once adjustment of status is filed, she will be in a period of authorized stay. Even if her visa expires, she can stay in the US until they decide her case

3. She can't work until she receives her EAD (from the i765) which takes a few months from filing. I'm not sure about school - probably someone more experienced can answer

4. If she gets a fiancé visa, she will have to adjust status after that anyway, so if she's in the US and doesn't have to leave anytime soon, marrying and adjusting status here is the fastest way to go. If she has to leave, it's fastest to come back on a fiancé visa, but again, she will still have to go through the AOS process (with the inability to work) even after the fiancé visa is approved. If she has to leave and can wait a little longer, the IR-1/CR-1 spouse visa will allow her to work as soon as her visa is approved but I believe that process takes longer. There's a comparison of spouse and fiancé visas here:

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

[Alex3009 0]

Follow this guide for status adjustment:

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

1. She will have to file an i130 and i485 (to adjust status), also an i765 (for an EAD if she wants to work before she gets her green card) and an i131 (Advanced Parole) if she may want to leave the country while the green card is being processed

2. Once adjustment of status is filed, she will be in a period of authorized stay. Even if her visa expires, she can stay in the US until they decide her case

3. She can't work until she receives her EAD (from the i765) which takes a few months from filing. I'm not sure about school - probably someone more experienced can answer

4. If she gets a fiancé visa, she will have to adjust status after that anyway, so if she's in the US and doesn't have to leave anytime soon, marrying and adjusting status here is the fastest way to go. If she has to leave, it's fastest to come back on a fiancé visa, but again, she will still have to go through the AOS process (with the inability to work) even after the fiancé visa is approved. If she has to leave and can wait a little longer, the IR-1/CR-1 spouse visa will allow her to work as soon as her visa is approved but I believe that process takes longer. There's a comparison of spouse and fiancé visas here:

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

Ok just to get this right: she will need to file I-130 and 485 at the same time?

[Melibelle 10]

Yes if she is getting married and adjusting status from within the US. Please see the AOS guide linked above. It has all the forms and information she will need.

[Alex3009 0]

Yes if she is getting married and adjusting status from within the US. Please see the AOS guide linked above. It has all the forms and information she will need.

Thank you. Do you have any idea on the timeline? Since 2 forms are being filed, will the process take more than a year you think?

[Melibelle 10]

Thank you. Do you have any idea on the timeline? Since 2 forms are being filed, will the process take more than a year you think?

They are filed and processed simultaneously. You can check immigration timeline stats by clicking the "Immigration Timelines" link above and selecting AOS timelines. A lot depends on how well you fill out your paperwork, but the average seems to be 4-6 months to get a green card.

[Alex3009 0]

They are filed and processed simultaneously. You can check immigration timeline stats by clicking the "Immigration Timelines" link above and selecting AOS timelines. A lot depends on how well you fill out your paperwork, but the average seems to be 4-6 months to get a green card.

Thank you so much for the info.

[Alex3009 0]

They are filed and processed simultaneously. You can check immigration timeline stats by clicking the "Immigration Timelines" link above and selecting AOS timelines. A lot depends on how well you fill out your paperwork, but the average seems to be 4-6 months to get a green card.

Melibelle- I have been reading some the topics here and I don't know if you know this question. If filed with the adjustment of status, will i-765 be free?

Thank you

[Alex3009 0]

Melibelle- I have been reading some the topics here and I don't know if you know this question. If filed with the adjustment of status, will i-765 be free?

Thank you

Never mind. I got my answer. Thank you.

[lil2be 11]

My F 1 is not expired or it will soon. However, I informed my international advisor about AOS. I have still been reminding in school since I first started AOS process. I don't think it is a problem for her to be in school. Just don't forget to tell the international advisor of her school.