Help!! Dont know where to start and what process i have to do.

[bsilver22 0]

hi guys!!,

i'm a naturalized U.S. citizen and my significant other lives here in america with an F1 visa (student visa) and is currently on her OPT (Optional Practical Training) status ...we've been together for 10 years now. and we are planning to get married before her OPT expires..can you guys tell me what guide should i follow and what process should i do. i would appreciate any help. thanks!!

[Elf 146]

If you're going to marry in the US and she has no plans to travel outside the US either before the wedding or between the wedding and when she receives Advance Parole (typically 2-3 months after you submit her Adjustment of Status application to USCIS), then after your marriage you can file for her to adjust status from F-1 to permanent resident on the basis of her marriage to a US citizen. The guide for that is here

If she intends to leave the US at any point between now and a few months after your wedding, things get more complicated. Her F-1 is a non-immigrant visa, and if she were to re-enter the US on that visa with the intention of marrying you and adjusting status she would be committing visa fraud. So, if there are any plans for her to leave the US before your wedding, you'd need to decide between the K-1 fiancee route or getting married overseas and filing for a CR-1 spousal visa. You can find a comparison of the options here.

- Moved from General Immigration Discussion to What Visa Do I Need -

- Inquiry about available immigration paths for future spouse currently in US on F-1 -

[bsilver22 0]

Thank you for the quick reply!!

[NikLR 13,232]

I suggest adjusting her status after marriage.