Girlfriend in the US on an F-1 Visa

[princefan 0]

My girlfriend is currently about 4 months into a 2-year F-1 Visa in the midwest, far from me. We've been mulling around the idea of getting married so that we can be together. It's a little soon, but we do love each other, and we cannot do the long-distance.

I know the basics of the process:

1. Get a marriage certificate.

2. Fill out I-130 and I-485.

My question is what is how do we do this so that we're not violating visa laws, and how much time would this take?

[arken 4,197]

While you got the basics of the process, you should also not forget the most important part which is providing the proof of bonafide marital relationship. As long as she did not enter US on F1 visa with the intent to marry you, she will not be violating visa laws by marrying you. The rest is easy: marry, stay together, file for i-130 and AOS. The process might take 4-8 months if everything goes smoothly.

[princefan 0]

Thanks arken. Is this timeline of events possible?

1. Girlfriend moves to my location.

2. We get married within a week.

3. We file I 130 and I 485.

4. I 130 approved

Between 1 and 4 it seems she'd be out of status. I'm wondering when is the earliest (1) can happen and what steps we need to take before it, if the steps I've outlined are a violation.

[Harpa Timsah 13,258]

Overstaying or being out of status is forgiven for spouses of USCs who adjust in country. When she quits school to marry you she'll be out of status, yes? When you submit the I-485, she will be in a new period of authorized stay. There is no problem with your plan except that she becomes dependent on your marriage to "correct" her status.

[princefan 0]

Thank you for the response Harpa!