Fiance is F1 and living in US

[manresaclara 0]

Hi, I'm looking for advice on how to move forward to change my fiance's status from a F1 visa to a green card. We've been together for 7 years and it would be wonderful to get married if it's not too complicated!!

I'd like to know

a) What forms are needed

b) Costs associated with this

c) What I should do first

Thanks everybody!

[katya_and_besik 0]

Hi, I'm looking for advice on how to move forward to change my fiance's status from a F1 visa to a green card. We've been together for 7 years and it would be wonderful to get married if it's not too complicated!!

I'd like to know

a) What forms are needed

B) Costs associated with this

c) What I should do first

Thanks everybody!

First of all, you guys should get married

Afetr you do that, prepare and send I-130 and I-485 packages

Fees:

I-130 $355

I-485 $930+$80 (biometrics fee) = $1100 (she can also apply for a travel document and work authorization free of charge)

This guide will help you prepare:

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

For all the immigration forms go to

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Download these forms with instructions

I-130 Petition for Alien relative

I-485 Application to Register Permanent Residence or Adjust Status

I-765 Application for Employment Authorization

I-864 Affidavit of Support

G-325A Biographic Information

I-131 Application for Travel Document

Remember, unless you guys are married, you cannot help her change her status

Edited October 15, 2007 by katya_and_besik

[chaplin 0]

it would be wonderful to get married if it's not too complicated!!

marriage or the immigration process?

[katya_and_besik 0]

,

Edited October 15, 2007 by katya_and_besik

[natty 0]

Hi manresaclara

• Hi, I'm looking for advice on how to move forward to change my fiance's status from a F1 visa to a green card. We've been together for 7 years and it would be wonderful to get married if it's not too complicated!!

  manresaclara, if your fiance doesn't overstay you can send out I-130 and I-485 same time, but since you said you have been living with your fiance for 7 years, I assume your fiance overstay, so she need to file wavier with I-130 & I-601 After your case appeoved you can send out I-485

  I'd like to know

• a) What forms are needed

  You need I-130 (If your fiance overstay need to send I-601 After your case appeoved you can send out) with I-485

  .

• B) Costs associated with this

  Find out from each form which I told you above.

  .

• c) What I should do first

  Get married and file (I-130 & (If you r fiance overstay need I-601 after approve file ) and I-485

I could be wrong if your fiance overstay you might need a lawyer

[chaplin 0]

Hi manresaclara

• Hi, I'm looking for advice on how to move forward to change my fiance's status from a F1 visa to a green card. We've been together for 7 years and it would be wonderful to get married if it's not too complicated!!

  manresaclara, if your fiance doesn't overstay you can send out I-130 and I-485 same time, but since you said you have been living with your fiance for 7 years, I assume your fiance overstay, so she need to file wavier with I-130 & I-601 After your case appeoved you can send out I-485

  I'd like to know

• a) What forms are needed

  You need I-130 (If your fiance overstay need to send I-601 After your case appeoved you can send out) with I-485

  .

• B) Costs associated with this

  Find out from each form which I told you above.

  .

• c) What I should do first

  Get married and file (I-130 & (If you r fiance overstay need I-601 after approve file ) and I-485

I could be wrong if your fiance overstay you might need a lawyer

My understanding is that as long as the fiance is in the country, the waiver is not necessary/or relevant. If there is an overstay, make sure that they do not leave the country until the GC process is complete. Overstays are forgiven if there is a marriage to a USC. This is assuming that they last entered the country legally.

After you get married, file the I-130 and AOS concurrently.

Edited October 15, 2007 by chaplin

[natty 0]

Hi chaplin I do not know for you, but I assum that the person who overstay that suppose to pay the prize, but I am not quite sure for how long they suppose to file I-601.

Thank you for your comment!

natty

[kim&james 0]

Hi chaplin I do not know for you, but I assum that the person who overstay that suppose to pay the prize, but I am not quite sure for how long they suppose to file I-601.

Thank you for your comment!

natty

Incorrect. Overstay is forgiven when married to a US citizen.

To the OP, just marry and follow the advice given by Katya & Besik. File the I-130 and AOS documents together to the Chicago lockbox.

[Kez/JWolf 6]

Hi manresaclara

• Hi, I'm looking for advice on how to move forward to change my fiance's status from a F1 visa to a green card. We've been together for 7 years and it would be wonderful to get married if it's not too complicated!!

  manresaclara, if your fiance doesn't overstay you can send out I-130 and I-485 same time, but since you said you have been living with your fiance for 7 years, I assume your fiance overstay, so she need to file wavier with I-130 & I-601 After your case appeoved you can send out I-485

  I'd like to know

• a) What forms are needed

  You need I-130 (If your fiance overstay need to send I-601 After your case appeoved you can send out) with I-485

  .

• B) Costs associated with this

  Find out from each form which I told you above.

  .

• c) What I should do first

  Get married and file (I-130 & (If you r fiance overstay need I-601 after approve file ) and I-485

I could be wrong if your fiance overstay you might need a lawyer

natty

your above post it totally wrong.... the correct way to adjust status from within the US is found here http://www.visajourney.com/forums/index.ph...page=i130guide2

If any overstay has occurred then it is forgiven at AOS interview as long as you are married to a USC.. so no wavier is required. If there has been a overstay then it is not worth applying for a AP(travel Document) as you should not leave the US until a greencard has been received...

Kez

[natty 0]

Well! Thank you again, but I still believe in some case the person who overstay still has to pay, but I forgot for some reason. Those person might overstay for very long time.

Natty

[manresaclara 0]

Hi chaplin I do not know for you, but I assum that the person who overstay that suppose to pay the prize, but I am not quite sure for how long they suppose to file I-601.

Thank you for your comment!

natty

Hey, let me just clarify--he is CURRENTLY a student, so no issues of overstaying or anything. We just want to get married and realize there's an additional dimension since he's Canadian and I'm American.

Edited October 15, 2007 by manresaclara

[Kez/JWolf 6]

Well! Thank you again, but I still believe in some case the person who overstay still has to pay, but I forgot for some reason. Those person might overstay for very long time.

Natty

natty it does not matter how long you have overstayed your visa... as long as you legally entered the US and were inspected at a POE and are now married to a USC then any overstay is forgiven and you do not need to file for any wavier....

Kez

Hi chaplin I do not know for you, but I assum that the person who overstay that suppose to pay the prize, but I am not quite sure for how long they suppose to file I-601.

Thank you for your comment!

natty

Hey, let me just clarify--he is CURRENTLY a student, so no issues of overstaying or anything. We just want to get married and realize there's an additional dimension since he's Canadian and I'm American.

manresaclara...

You are good to go.... just follow the information in the guide http://www.visajourney.com/forums/index.ph...page=i130guide2

if you have any questions just ask....

Kez

[natty 0]

Thanks guys, I might got or heard and bad info and still stuck in my head. hehehe Thanks again.

nattyh