F-1 Student Transition to CR1

[TlacuacheVida 1]

Greetings, first time here looking for clarification and advice. Let's start from the beginning.

 

-My fiance first arrived here in September of 2024 on an F-1 Student Visa.

--She has maintained this status since then perfectly without a single issue. Has a 3.99 GPA, never missed a class, has only traveled home once on spring break to visit family and returned in February without incident or even a question at the border. All was pre-approved by her DSO and signed and stamped wherever needed

--We met in October 2025, she did not enter with the intention of meeting someone or immigrating.

 

-We are getting married mid June this year (2025), earlier than preferred but for obvious reasons.

 

I need to know what is the next step. What paperwork needs to be filed once the marriage license is filled out and filed. Specifically,

 

-What forms, when to file, and to whom

 

From what I have researched CR1 is the correct Visa she would be changing to through an AOS.

 

We have contacted a lawyer but, they quoted a $4500 fee for the whole process while relatives have suggested that the entire process can be done without a lawyer.

 

Thank you all in advance 

Edited Monday at 08:29 AM by TlacuacheVida

[Crazy Cat 43,342]

Welcome to Visa Journey.

Please clarify:  Does she plan to obtain a Green Card through a CR-1 visa (consular processing in her country) or through Adjustment of Status (done inside the US)?  They are 2 completely different processes as explained by the guides here on Visa Journey.

Edited Monday at 11:23 AM by Crazy Cat

[TlacuacheVida 1]

I did not know that CR-1 was for outside the country. I guess she would be doing an AOS from here as she is still in school and intends to finish completely 

[Crazy Cat 43,342]

Just now, TlacuacheVida said:

I did not know that CR-1 was for outside the country. I guess she would be doing an AOS from here as she is still in school and intends to finish completely 

OK.  I think most people in her situation do Adjustment of Status.  Just be aware that she will not be able to work or leave the US for several months (3 to 8 months) after filing her I-485....assuming she files an I-131 (advance parole) and  an I-765 (Employment Authorization Document).  Here is the appropriate guide:

 

 

[Crazy Cat 43,342]

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

[TlacuacheVida 1]

Thank you for the information. I found the guide and am going through it now. 

 

Not to worry she is already not allowed to work as she doesn't have work authorization under her F-1 Visa and she, while very sad about it, knows she won't be able to travel home for a while. (Even when the process is done, we live in fear that CBP can still deny you even on a green card.)

[JeanneAdil 6,860]

12 minutes ago, TlacuacheVida said:

Thank you for the information. I found the guide and am going through it now. 

 

Not to worry she is already not allowed to work as she doesn't have work authorization under her F-1 Visa and she, while very sad about it, knows she won't be able to travel home for a while. (Even when the process is done, we live in fear that CBP can still deny you even on a green card.)

the plus of being a green card holder under the spouse visa is that u can travel home for visits or to settle affairs there after US POE

unless you violate US laws 

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

 

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status

[Crazy Cat 43,342]

10 minutes ago, TlacuacheVida said:

we live in fear that CBP can still deny you even on a green card

That would be extremely unusual. There is a lot of misinformation being spread right now.  Good luck on your immigration journey.

[mitzab 311]

Assumption is that you are a US citizen?

if yes then I130 and then adjustment 485.

 

Good luck