Adjustment from F-1 Visa, Been in US for 7 years

[Tee and Megan 10]

Hello all!

Long time no see, VJ! So good to be back on this website. The VJ community was a HUGE blessing to us during our K-1 process; we don't know what we would have done without you guys! Now my sister is beginning the immigration process with her fiance, who is from India. Would appreciate any help or insight/advice because their case is quite different from our own. Here are the facts:

1. My sister's fiance is from India, but has been studying in the U.S. for the past 7 years under an F-1 visa. (He started with his Bachelors and got accepted into a Masters program a few years back) He's always obeyed the terms of his visas and has never had any trouble with immigration.

2. He graduated from his master's program last summer and began a year of OPT, expires October 10th.

3. They have been together for a year and a half, and got engaged last week.

4. They have taken several vacations together within the US and currently live together (so lots of relationship evidence, which I assume one needs for this process, just as we needed it for the K-1)

5. They are planning to get married before his F-1 OTP expires in October. At the moment, they are planning a small courthouse wedding, which they hope can take place on May 28th of this year.

My questions for this amazing VJ community are as follows:

1. Is he eligible to marry and adjust status using the I-130 form?

2. What other relationship evidence do people submit when applying for AOS for fiances that already live in the States?

3. Should we do anything special during the ceremony or get any special paperwork ready prior to the wedding to make the AOS process smoother? (like, do we need to let the USCIS know they are getting married beforehand? Do they have to get married in the courthouse under a judge or could they have a bigger ceremony with a wedding officiant?)

4. Besides the I-130, do they follow the same AOS process we did once my fiance got here under his K-1? (I know the AOS from a K-1 process very well, having just done it last year, so I'm trying to figure out if I can show them any of the forms I used to help them understand the process better)

5. Given their situation, would you all recommend they meet with a lawyer? (Many times on VJ, I read that an immigration lawyer just wasn't worth it, and in our case, it turned out to be true, as we had no issues with doing the K-1 process on our own (praise God.) )

Thank you all so much!! Blessings to everyone on their immigration journey!!

Megan

[Cheezees 1,514]

1. Yes

2. Joint bank statements, joint lease, proof of trips together, affidavits, etc.

3. No, there is nothing to be done.

4. Yes

5. No

Good luck!

[POM 21]

Sounds like a clean cut open and shut case to me. I wouldn't worry about it much especially since your sister and her fiance already acquired some evidence of their relationship.

As far as the evidence of a bonafide marriage goes, I would strongly suggest:

-Mingling of financial assets(Bank accounts/Vehicle Title/Lease agreements/Credit Cards with spouse as authorized user)

-Proof of insurance

-Photos of wedding/travels

-Travel Itinerary

-Utility bills addressed to both(For example: sister could have her name with the electric company while the fiance has his name on the cable bill)

If the evidence mentioned above is difficult to gather, some other evidence you COULD produce to further strengthen their case:

-Medical power of attorney

-Letters addressed to eachother

-Will

-Life insurance

-Letter of affidavit

Hope this helps..Good luck!

Edited March 13, 2016 by POM