F1 visa

[tokori 0]

So long story long- here it goes.

My fiance came to the US in 2002 to go to grad school on the west coast, he finished his master there, then came to NY in 2005 to do another graduate degree. We met last year, moved in together earlier this year and have recently started to talk about marrying.

He has his F-1 which is valid till Sept 2008, he graduates in December 07 and he is in the process of applying for his OPT which as we understand it expands his stay here for up to a year.

We have been talking about getting married next summer in the US but can't figure out if this 'legal' or not since he will not longer be here at a student but will still have a valid F-1 and should have his OPT extension which allows him another year here post-graduation? What proof do we need of our relationship or intentions?

any advice from others who have been in this situation?

[Silke 1]

I was an F1 student myself and then applied for AOS (Adjustment of Status)...

I found the guides here on visajourney to be very helpful http://www.visajourney.com/forums/index.ph...page=i130guide2

Basically you have to submit form I-130 (petition for alien relative), form I-485 (adjustment of status application), form G-325a (biographic information) and form I-864 (affidavit of support) along with all the requested supporting documents. If your fiance wants to travel while his AOS application is being processed he should apply for Advanced Parole (form I-131); if he wants to work before he receives his greencard he should submit form I-765.

Your fiance will need a medical exam done by a civil surgeon. In order to find a civil surgeon in your area, use the civil surgeon locator on the USCIS website:

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

Two more things about the medical exam, "shop" around for a civil surgeon and compare prices...prices vary greatly from about $75 to $200+

Also, try to obtain your fiance's vaccination records from his doctor in his home country if he doesn't have them here with him. He will need to show proof of a number of vaccinations when he applies for AOS.

For people between the ages of 19 and 64 the following vaccines are required:

Td

MMR

Varicella

If he doesn't have written proof of his vaccinations, the civil surgeon will do a titer test.

[tokori 0]

although being here as a student then graduating, even though the F1 doesn't expire and he will, in theory, have his OPT for a year-- still makes it legit for us to wait? I guess what I'm asking about is, is it more complex to get married on an F1 OPT then it is to do it while he is a student on just the F!?

[Silke 1]

I forgot to mention earlier that I applied for AOS while I was doing my OPT...I was in the same situation as your fiance and had no problems

[tokori 0]

I forgot to mention earlier that I applied for AOS while I was doing my OPT...I was in the same situation as your fiance and had no problems

great that's what I've been trying to find out! It seems it shouldn't make any difference if he is in school or on OPT but you never know

what was the link again? It didn't work when I clicked on it.

[Nancy2015 2]

although being here as a student then graduating, even though the F1 doesn't expire and he will, in theory, have his OPT for a year-- still makes it legit for us to wait? I guess what I'm asking about is, is it more complex to get married on an F1 OPT then it is to do it while he is a student on just the F!?

Either way is fine and nothing is complex.

Also, getting married won't affect his status in any way - only filing AOS will. One can get married and remain an international student for as long as they wish, without applying for AOS.

[Silke 1]

Here we go: http://www.visajourney.com/forums/index.ph...page=i130guide2

Good luck!

[tokori 0]

so once married we file:

1. I-130

2. G-325a

2. I-864

2. I-485

2. I-765 (needed even if he has OPT?)

2. I-131 (to travel abroad)

at that point, whats the typical wait for someone highly qualified to work and out of the EU with no health problems, great finances and no criminal record?

[ridley 0]

Qualifications aren't really taken into account when applying for marriage-based permanent residency. The wait will depend in part on how long it takes the FBI to complete his name check. That could be quickly, or it could take years. If he has a very common name, he's likely to get caught up in it for a while.

[tokori 0]

Qualifications aren't really taken into account when applying for marriage-based permanent residency. The wait will depend in part on how long it takes the FBI to complete his name check. That could be quickly, or it could take years. If he has a very common name, he's likely to get caught up in it for a while.

awesome- its very uncommon so that helps

also for the proof of financial support, it says I need 125x the poverty line (which is 13,690) so I need something like 1.7 million dollars for my fiance to immigrate?

[Dr_LHA 3]

also for the proof of financial support, it says I need 125x the poverty line (which is 13,690) so I need something like 1.7 million dollars for my fiance to immigrate?

That is 125%, so 1.25 times the poverty line, so more like $17,000, not $1.7 million!