marrying a US national while on F1 visa, need to return? (merged topics)

[tomscan 0]

Hi

I read this WARNING here and am trying to make sense of the i30 process:

 

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

I am a native US citizen, and recently married a foreign national who came here in 2018 on  a Tourist visa, then soon thereafter converted that to a F1 student visa, which is valid through September 2023.  We met with an immigration lawyer who mentioned nothing about the need to return home abroad. 

 

We have all the evidence and supporting documents and are just about ready to file, but these kinds of warnings are troubling.  The fact is, she CAN'T return home abroad without a "permission to travel" - which is ONLY granted once an i30 has been submitted (F1 stduents cannot leave the US  if their change of status was obtained in the US. They can only travel freely if their F1 was obtained in their home country) . So, what the heck?

Any advice is greatly appreciated! 

 

 

[Crazy Cat 41,811]

17 minutes ago, tomscan said:

with the intent of immigration and marriage

This is the key. That warning doesn't apply in your case.  In your case, just follow the steps in the guide you linked.  Just be aware that your spouse will not be able to work or leave the US for an extended time after filing the I-485.

https://www.visajourney.com/guides/i130-spouse-inside-usa/

Edited February 6, 2023 by Crazy Cat

[tomscan 0]

We didn't meet until 2 years after her arrival, so she did not intend (nor expect) to get married or immigrate here.  One thing led to another, as they say.

 

And, of course, she can't work now as an F1 - so the sooner she can be a legal permanent resident, the sooner she can work!

T

[OldUser 6,608]

6 minutes ago, tomscan said:

so the sooner she can be a legal permanent resident, the sooner she can work!

T

She doesn't need to be be a permanent resident to start working. She can work 6-12 months after filing AOS forms, when she receives EAD. Green Cards take 12-18 months nowadays. This is just to give you a perspective.

[tomscan 0]

This is reassuring!

Thanks

[OldUser 6,608]

2 hours ago, tomscan said:

This is reassuring!

Thanks

You need to include the forms I-131 and I-765 in AOS packet for this to happen though. They're free when included with I-485.

[Dashinka 24,480]

19 hours ago, OldUser said:

You need to include the forms I-131 and I-765 in AOS packet for this to happen though. They're free when included with I-485.

Free for now, so it would be a good idea to file the I485/I131/I765 as soon as possible.

[Chancy 6,241]

On 2/6/2023 at 4:42 PM, tomscan said:

The fact is, she CAN'T return home abroad without a "permission to travel" - which is ONLY granted once an i30 has been submitted

 

Note that filing (or even approval of) the I-130 by itself does not grant any immigration benefits.  As others mentioned, your wife must file I-485/I-131/I-765.

 

[tomscan 0]

On 2/6/2023 at 6:42 PM, OldUser said:

She doesn't need to be be a permanent resident to start working. She can work 6-12 months after filing AOS forms, when she receives EAD. Green Cards take 12-18 months nowadays. This is just to give you a perspective.

Thanks! This is reassuring

[tomscan 0]

On 2/6/2023 at 8:54 PM, OldUser said:

You need to include the forms I-131 and I-765 in AOS packet for this to happen though. They're free when included with I-485.

Thanks for the advice. We got the I-131 / -I-485 / I-765 almost completed.

 

But we can't seem to determine  our I-765 eligibility category, and it seems like it's  the (a)(9) category, but she's F-1, not K-3 or K-4. So the research continues!

 

2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your
admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa.

[tomscan 0]

Hi,

I received numerous responses here regarding our AOS/ EAD / Green card application process - and I've got one particular query regarding I-765.

 

My (now) wife arrived here in 2018 on a tourist visa, then adjusted to F-1.  We marreid last year. So we are planning to submit the I-131 / I-485 / I-765 documents, but it's confusing as to what eligibility category we should note for the latter (I-765).

 

There is no specific category for F-1 spouse of US national (which I am.). The closest is the   (a)(9) category.

 

2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your
admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa.

 

But, she is not K-3 / K-4, she is F-1.

 

Any thoughts? Thanks

 

[Timona 4,207]

C09

[Crazy Cat 41,811]

25 minutes ago, tomscan said:

Hi,

I received numerous responses here regarding our AOS/ EAD / Green card application process - and I've got one particular query regarding I-765.

 

My (now) wife arrived here in 2018 on a tourist visa, then adjusted to F-1.  We marreid last year. So we are planning to submit the I-131 / I-485 / I-765 documents, but it's confusing as to what eligibility category we should note for the latter (I-765).

 

There is no specific category for F-1 spouse of US national (which I am.). The closest is the   (a)(9) category.

 

2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your
admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa.

 

But, she is not K-3 / K-4, she is F-1.

 

Any thoughts? Thanks

 

She is filing under adjustment of status. that is the basis for the EAD....not F-1

[tomscan 0]

9 minutes ago, Timona said:

C09

(c)(9) - ok. I see how we fit into that

Thanks

2 minutes ago, Crazy Cat said:

She is filing under adjustment of status. that is the basis for the EAD....not F-1

right! thanks!

[OldUser 6,608]

41 minutes ago, tomscan said:

Thanks for the advice. We got the I-131 / -I-485 / I-765 almost completed.

 

But we can't seem to determine  our I-765 eligibility category, and it seems like it's  the (a)(9) category, but she's F-1, not K-3 or K-4. So the research continues!

 

2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your
admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa.

c(9) is the category:

 

"Pending adjustment of status under Section 245 of the Act"

 

You're doing AOS by filing I-485. So it's applicable. That's the category I had when adjusting from other status.

 

 

Edited February 12, 2023 by OldUser