Wife on Student VIsa

[Thatoneguy 0]

My wife is currently in the United States on a student (F-1) visa. Are we allowed to begin the K-3 filing process while she is still in the United States?

[Silke 1]

When did you get married? If you weren't married when your wife entered the country and you got married spontaneously, then you can apply for your wife's AOS (adjustment of status). Your wife could then stay in the US while waiting for her AOS approval.

Take a look here to learn what the AOS process involves: http://www.visajourney.com/forums/index.ph...page=i130guide2

In short you would have to submit packages I-130 & I-485. If your wife wants to work or travel prior to receiving her greencard, you will also have to file forms I-765 & I-131.

Note that your wife will have to undergo an immigration medical performed by a civil surgeon. Shop around for a civil surgeon in your area as prices vary greatly.

Maybe you should post this question in the AOS forum...and please fill in your timeline!

Good luck!

[Thatoneguy 0]

When did you get married? If you weren't married when your wife entered the country and you got married spontaneously, then you can apply for your wife's AOS (adjustment of status). Your wife could then stay in the US while waiting for her AOS approval.

Take a look here to learn what the AOS process involves: http://www.visajourney.com/forums/index.ph...page=i130guide2

In short you would have to submit packages I-130 & I-485. If your wife wants to work or travel prior to receiving her greencard, you will also have to file forms I-765 & I-131.

Note that your wife will have to undergo an immigration medical performed by a civil surgeon. Shop around for a civil surgeon in your area as prices vary greatly.

Maybe you should post this question in the AOS forum...and please fill in your timeline!

Good luck!

Does she need to have a K-3 visa first? The paperwork I looked at for an AOS stated that it was for individuals with a K-1 or K-3 visa.

Also, how long does it take to process an AOS?

[Silke 1]

Your wife is already in the US, so no, you don't have to apply for a K1 or K3 first (also, K1s are for fiancees/fiances of US citizens not for spouses). You can apply for AOS right away and she can stay here with you while waiting for her greencard...when saying that you can apply for her AOS, I assume that you weren't married at the time she entered the country and your decision to get married was spontaneous in nature...

I entered the country on a F1 student visa myself, met my husband while I was attending college, and now I'm adjusting status...if this sounds like your situation, you can skip the K3 step and apply for AOS.

[MargotDarko 0]

As silke says, if your wife was already in the US before she had any plans to marry you and immigrate, she should file for adjustment of status - no visa needed. If you go that route, she should not leave the US until she has advance parole or her green card (I recommend waiting for the actual green card). Times for adjusting status vary a lot - anywhere between a few months and a few years. A straightforward case should take less than a year from what I've read, but someone may correct me on that.

Another thing someone else may be able to correct me on - if her student visa comes with the condition that she return home for a two year period before coming back to the US, that may affect her ability to file for adjustment of status.

If you knew each other and had the intention to marry and for her to stay in the US before she arrived on the student visa, then it is much safer for her to go home and for you to file for the K3 or CR1/IR1 visa for her.

Edited July 7, 2007 by MargotDarko

[Silke 1]

Another thing someone else may be able to correct me on - if her student visa comes with the condition that she return home for a two year period before coming back to the US, that may affect her ability to file for adjustment of status.

That's a good point. Does your wife have a F1 or J1 visa? And if she is here on a J1 is she subject to the 2-year home residency requirement?

[MargotDarko 0]

Another thing someone else may be able to correct me on - if her student visa comes with the condition that she return home for a two year period before coming back to the US, that may affect her ability to file for adjustment of status.

That's a good point. Does your wife have a F1 or J1 visa? And if she is here on a J1 is she subject to the 2-year home residency requirement?

He did say F-1 in the first post. I'm not familiar with student visas - do F-1s never come with that residency requirement? If so, then it's not a worry for his wife.

[Silke 1]

As far as I know, F1s are not subject to the 2-year home residency requirement (personally I don't know any F1 student that faces the 2-year HRR); this rule only applies to certain J1 visa holders (please correct me if I'm wrong).

[Thatoneguy 0]

Your wife is already in the US, so no, you don't have to apply for a K1 or K3 first (also, K1s are for fiancees/fiances of US citizens not for spouses). You can apply for AOS right away and she can stay here with you while waiting for her greencard...when saying that you can apply for her AOS, I assume that you weren't married at the time she entered the country and your decision to get married was spontaneous in nature...

I entered the country on a F1 student visa myself, met my husband while I was attending college, and now I'm adjusting status...if this sounds like your situation, you can skip the K3 step and apply for AOS.

That is fantastic news! Thank you!

The situation is as you described. We met in college when she was on her F1 visa.

[Thatoneguy 0]

As silke says, if your wife was already in the US before she had any plans to marry you and immigrate, she should file for adjustment of status - no visa needed. If you go that route, she should not leave the US until she has advance parole or her green card (I recommend waiting for the actual green card). Times for adjusting status vary a lot - anywhere between a few months and a few years. A straightforward case should take less than a year from what I've read, but someone may correct me on that.

Another thing someone else may be able to correct me on - if her student visa comes with the condition that she return home for a two year period before coming back to the US, that may affect her ability to file for adjustment of status.

If you knew each other and had the intention to marry and for her to stay in the US before she arrived on the student visa, then it is much safer for her to go home and for you to file for the K3 or CR1/IR1 visa for her.

When we are waiting for the AOS is there any limit as to how long she can stay in the US? And does she have to maintain the F1 and go to class?

Thank you for the help. I didn't think I would get so many replies! Thank you!

[Silke 1]

After submitting your wife's AOS application, you will receive what is called NOA (Notice of Action). With that her status changes from F1 to pending immigrant. As a pending immigrant she doesn't have to be enrolled in school anymore.

Take a look at my signature to get an idea of the AOS timeframe. Good luck!

[Thatoneguy 0]

After submitting your wife's AOS application, you will receive what is called NOA (Notice of Action). With that her status changes from F1 to pending immigrant. As a pending immigrant she doesn't have to be enrolled in school anymore.

Take a look at my signature to get an idea of the AOS timeframe. Good luck!

Thank you very much. You've been very helpful.

[MargotDarko 0]

Yep, as silke says, she just needs to receive the NOA1 (first notice of action) on the AOS application. Don't worry if her student visa ends before then. Even if it were already expired and she were overstaying right now, it would be forgiven upon approval of the AOS (since she had entered the country legally and married a US citizen). You should be able to use the AOS guide here and just ignore the bits specific to K1/K3.