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

[tomscan 0]

Makes sense! Thanks

[Ryan H 3,812]

~~~Posts merged with existing thread~~~

 

23 hours 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

 

 

23 hours ago, Timona said:

C09

 

23 hours ago, Crazy Cat said:

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

 

23 hours ago, tomscan said:

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

Thanks

right! thanks!

 

[tomscan 0]

I am submitting our applications I-131 (and 131) , 485 and 765 for my wife's AOS and EAD etc.  (she is F1 student, I am a USC, and we married last year and want to get the work permit and permanent legal resident process MOVING. But, an immigration specialist informed me today i ALSO need to include the I-864 form.  This is the first i've heard of this, and I want to get feedback - because he is charging us a fee to review documents on a per-form  basis.  5 forms at x$ per form.

 

He also said supporting documents such as divorce agreements and birth certificates must be translated from portugese to english and certified - also at a cost.  I dont know, this seems a bit sketchy - given how simple and obvious these documents are.  I mean, they're dates, hardly epic poems written in an ancient language. But, we're talking about bureaucracy, so likely it's true.

[Crazy Cat 41,814]

I think you need to study the Adjustment of Status process thoroughly.  The "specialist" is correct about the I-864.  But ANYONE who is fluent in both languages can translate and certify a foreign document.   

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Edited February 16, 2023 by Crazy Cat

[Scandi 4,166]

The lawyer is correct. If you don't want to pay him, you can do this without him if you have a simple case. Most of us have done everything ourselves without any help - everything from visa and AOS, to ROC and citizenship. 

Edited February 16, 2023 by Scandi

[Scandi 4,166]

4 minutes ago, Crazy Cat said:

I think you need to study the Adjustment of Status process thoroughly. 

I was thinking the same, OP didn't even mention the most important form i-130 or the supplement i-130A. Definitely need A LOT more research done, especially if he doesn't trust the "specialist's" advice. 

[Chancy 6,241]

16 hours ago, tomscan said:

an immigration specialist informed me today i ALSO need to include the I-864 form.  This is the first i've heard of this, and I want to get feedback

 

In your previous thread, you were advised to file the I-485, I-131, I-765 along with the I-130.  The reason I-864 is not mentioned is that it is a required supporting document for the I-485, not a separate application like the others are.  Check the VJ guide here -- https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

[TBoneTX 45,260]

Related threads have been merged again.  Please keep further questions on this topic within THIS thread.

Edited February 16, 2023 by TBoneTX

[TBoneTX 45,260]

The key to your success is to become an "A" student of the entire immigration process.  Read, study, and learn.  Regarding form instructions, interpret literally and answer completely and accurately.

[tomscan 0]

Hello,

I am a US citizen and have petitioned for an I-130 for my wife who is here on a student visa.  OUr case is pending.  Can she travel outside and back to the U.S. at this time? We were told two different things by different lawyers - so I thought it would be good to get some other viewpoints.  She really wants to go back to her home country for two weeks to visit family she has not seen since she arrived 5 years ago. (she arrived to the U.S. on a B2, then did an AoS to F1, hence her travel restrictions.)

Thanks

[Crazy Cat 41,814]

What are her plans after she returns to the US?

[Boiler 45,451]

I could see she may have issues getting a student visa

[tomscan 0]

Hi -  Her student visa expires on 9/30.   Our plans are to continue to live here in the U.S. and pursue path to citizenship (most importantly, the auhtorization to work.)   We are simultaneously filing the (rather ridiculous) triumphervate of forms - I-485, i-765 and i-864

[Allaboutwaiting 2,503]

If you are adjusting status from the F1 to GC, you should have filed the I-131 for her to be able to travel. 

As you didn't, if she leaves, AOS will be considered abandoned.

Edited April 4, 2023 by Allaboutwaiting

[powerpuff 6,687]

22 minutes ago, tomscan said:

Can she travel outside and back to the U.S. at this time

Not without an approved AP document if she wants to come back to the US and continue the AOS (I-485) process.