M-1 Student Marrying a US citizen

[Sofia Gonzalez 0]

Hi! I am a Mexican citizen living in the United States. I came to the United States 3 years ago on a student M-1 visa to complete a college program in Kansas City, MO. I am currently still on my M-1 visa with a valid I-20, as my academic program has not yet finished (I have 2 more years left). Last year I met my now boyfriend who is an American citizen. We want to get married next year (2018) and want to know what's the best route to take in the immigration process. We would get married in the United States while I am still on my valid M-1 student visa, then continue living in Kansas City as I finish school and he works. Would an "adjustment of status" be possible (from my M-1 student visa status to a permanent residence)? If so, what's the process and waiting time? Thanks! 

[RRR2016 21]

Hi Sofia,

 

You should be able to do an Adjustment of Status after you get married next year and under the M-1 student visa. My advice is to begin 'documenting' your relationship from this moment. For example: photos of any trips, family meetings, social gatherings. If you live together, any leases, add you or your fiancee to the utility bills, renters insurance, etc. Since you are planning to get married, open a joint bank account, add each other to your vehicle tittles, etc. etc. Or anything that applies to your living situation that can help you prove a legitimate relationship. Make sure to keep photos of your wedding, honeymoon, etc. And after the marriage begin filing taxes together. This will all be very helpful for when you have your interview or during the process. Also make sure your future husband makes 125% above the poverty level, so he can sponsor you. If not, you will have to find a co-sponsor.

 

Just curious, the M-1 visa does not have the 'two year home residency rule', like the J-1 visa? I know the F-1 does not, but don't know much about the M-1.

[Sofia Gonzalez 0]

1 hour ago, RRR2016 said:

Hi Sofia,

 

You should be able to do an Adjustment of Status after you get married next year and under the M-1 student visa. My advice is to begin 'documenting' your relationship from this moment. For example: photos of any trips, family meetings, social gatherings. If you live together, any leases, add you or your fiancee to the utility bills, renters insurance, etc. Since you are planning to get married, open a joint bank account, add each other to your vehicle tittles, etc. etc. Or anything that applies to your living situation that can help you prove a legitimate relationship. Make sure to keep photos of your wedding, honeymoon, etc. And after the marriage begin filing taxes together. This will all be very helpful for when you have your interview or during the process. Also make sure your future husband makes 125% above the poverty level, so he can sponsor you. If not, you will have to find a co-sponsor.

 

Just curious, the M-1 visa does not have the 'two year home residency rule', like the J-1 visa? I know the F-1 does not, but don't know much about the M-1.

Thank you! We have a lot of documentation of our relationship, such as flight tickets when we both flew to my hometown, photos of trips, etc. I will keep documenting our relationship, thanks for the advice! My M-1 visa, just like all student visas such as the F-1, requires that I leave the U.S. every year to renew my I-20. If we get engaged next year in the spring, can I leave the country for a month or so in the summer (to get a new I-20), come back into the U.S. to start the fall semester at my school, marry in the fall and start the adjustment of status after our honeymoon as I continue my studies? 

[Boiler 46,818]

That makes more sense, F1's are usually issued for the duration of the course, 5 years whatever, I thought M1;s were max 1 year.

 

Your issue is that a M1 is a non immigrant visa and you will be seeking to obtain one to enter and stay.

[RRR2016 21]

3 hours ago, Sofia Gonzalez said:

Thank you! We have a lot of documentation of our relationship, such as flight tickets when we both flew to my hometown, photos of trips, etc. I will keep documenting our relationship, thanks for the advice! My M-1 visa, just like all student visas such as the F-1, requires that I leave the U.S. every year to renew my I-20. If we get engaged next year in the spring, can I leave the country for a month or so in the summer (to get a new I-20), come back into the U.S. to start the fall semester at my school, marry in the fall and start the adjustment of status after our honeymoon as I continue my studies? 

Yes you should be able to follow this timeline. Just keep in mind that during the AOS process you won't be able to travel outside of the U.S. until your green card arrives. I believe the process is 3-6 months, but not sure. So you should plan to begin the process in between semesters when you are not planning on traveling. Good to hear you are documenting everything. It always helps. Checking other VJ member's timelines may give you a better idea of the AOS process time. Best of luck to you!

[Sofia Gonzalez 0]

22 hours ago, Boiler said:

That makes more sense, F1's are usually issued for the duration of the course, 5 years whatever, I thought M1;s were max 1 year.

 

Your issue is that a M1 is a non immigrant visa and you will be seeking to obtain one to enter and stay.

Well, my M-1 visa is actually for the whole duration of the program, so it will still be valid by the time I get married and for several months after that. It's not my visa that I would have to renew in the summer but my I-20, which is like our "student permit" and it's a quick, easy process. Thank you for your help!! 

Edited June 7, 2017 by Sofia Gonzalez

[Sofia Gonzalez 0]

20 hours ago, RRR2016 said:

Yes you should be able to follow this timeline. Just keep in mind that during the AOS process you won't be able to travel outside of the U.S. until your green card arrives. I believe the process is 3-6 months, but not sure. So you should plan to begin the process in between semesters when you are not planning on traveling. Good to hear you are documenting everything. It always helps. Checking other VJ member's timelines may give you a better idea of the AOS process time. Best of luck to you!

Great, this is helpful. Thank you!!!!