USC MARRIED TO AN A NON USC TRYING TO OBTAIN GREEN CARD

[clarkmendez1982 0]

My wife was living here on a tourist then changed to student visa for four years before we met and married. Since our marriage, her visa has expired and we don't even know where to start. Please help.

[old-fella 109]

i generally stay away from these kinds of the post .. but very interesting.. How did she change from B1/B2 to F1? is it even possible? 

 

Are you a USC? If you are then there are ways for your wife to get into status? 

[clarkmendez1982 0]

She has family here that are citizens that sponsored and filed for her to become a student. After we met she moved with me to another location and we weren't able to enroll her in school again prior to her student visa expiration. I am a USC and a veteran. 

[geowrian 22,335]

Guide: http://www.visajourney.com/content/i130guide2

The overstay is ignored as the spouse of a USC. Other inadmissibilities may apply, but nothing you noted is a barrier to AOS.

Edited June 25, 2018 by geowrian

[old-fella 109]

Thank you for your service to the country.  

 

If you are USC then you should opt for AOS (adjustment of status).

 

P.S: Veteran or non, Immigration rules dont change and no special priorities given

[mushroomspore 3,043]

3 minutes ago, clarkmendez1982 said:

She has family here that are citizens that sponsored and filed for her to become a student. After we met she moved with me to another location and we weren't able to enroll her in school again prior to her student visa expiration. I am a USC and a veteran. 

F1 is only issued if you become a full time student at an accredited school. I have not heard of anyone being granted F1 status through family.

 

Regardless, adjustment of status should be okay.

[clarkmendez1982 0]

Thank you very much. I did see that there are no changes to the process when considering my veteran status. Thank you for the advice. 

[mushroomspore 3,043]

9 minutes ago, clarkmendez1982 said:

Thank you very much. I did see that there are no changes to the process when considering my veteran status. Thank you for the advice. 

Also, how long have you been married? If less than 2 years, your spouse will get a conditional GC and must file removal of conditions 2 years after she receives the GC. If more than 2 years, she will receive a 10-year GC. In both cases, she can become a citizen in 3 years.

 

And I'll ask just because I'm curious: how did her family file for her student visa?

[clarkmendez1982 0]

We have been married just over a year. I would actually have to ask her aunt and uncle about the specifics of her student application. That happened prior to our meeting.

[mushroomspore 3,043]

1 minute ago, clarkmendez1982 said:

We have been married just over a year. I would actually have to ask her aunt and uncle about the specifics of her student application. That happened prior to our meeting.

I see. Depending on how long your case takes, there is a good chance she will get the 10-year GC because your interview will most likely happen after your 2-year marriage anniversary. 

 

RE: your wife's student visa. There is no way for student visas to be sponsored through family members. If her aunt and uncle PAID for her schooling, that's different. But there is no way they could have filed paperwork for her to gain a student visa. They are ONLY granted if a school provides the proper paperwork. I used to have F1 status and my school took care of everything for all international students. I'm just bringing this up because even though her overstay is forgiven, you and your wife will need to disclose her immigration history truthfully and honestly in the application and in interviews. In any case, read the guide linked above and good luck.

[.yana 586]

30 minutes ago, mushroomspore said:

I see. Depending on how long your case takes, there is a good chance she will get the 10-year GC because your interview will most likely happen after your 2-year marriage anniversary. 

 

RE: your wife's student visa. There is no way for student visas to be sponsored through family members. If her aunt and uncle PAID for her schooling, that's different. But there is no way they could have filed paperwork for her to gain a student visa. They are ONLY granted if a school provides the proper paperwork. I used to have F1 status and my school took care of everything for all international students. I'm just bringing this up because even though her overstay is forgiven, you and your wife will need to disclose her immigration history truthfully and honestly in the application and in interviews. In any case, read the guide linked above and good luck.

I think what OP means is that her relatives provided sufficient funds for her to present to the school to enroll as a full time student.

 

Back in a day I changed my J-1 status to F-1 by applying from within the country, and my friend “sponsored” me for the school as the school asked to provide proof that I have at least $15k in my bank account. Which I didn’t, so my friend had to fill out a sponsorship form for me.

[mushroomspore 3,043]

7 minutes ago, .yana said:

I think what OP means is that her relatives provided sufficient funds for her to present to the school to enroll as a full time student.

 

Back in a day I changed my J-1 status to F-1 by applying from within the country, and my friend “sponsored” me for the school as the school asked to provide proof that I have at least $15k in my bank account. Which I didn’t, so my friend had to fill out a sponsorship form for me.

Yes that's why I said in my previous comment that if her aunt and uncle paid for her schooling, that is different and totally fine. I'm fairly sure that is what OP meant. Sorry I'm just getting caught up in semantics as "sponsoring someone for a visa" sounds as like they were able to file the essential paperwork to get approved. My parents had to provide proof of funds for my education too.✌

[TNJ17 1,329]

There is no such thing as being granted an F1 visa through family. Being a veteran means nothing in the eyes of USCIS. She’s probably out of status now in the country so you need to file for AOS ASAP. She shouldn’t leave the country or she will incur a ban and things will be way longer and more costly. Go on the USCIS website and get all the forms for AOS based on marriage and fill them all out and gather all the necessary documents. Make sure you also file for EAD and AP so she can work and travel. There is an instructions pdf file that accompanies the forms and I suggest you give it a read before filling the forms out and should you have any specific questions about them forms come back to the forum and people will help. 

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[CEE53147 559]

If you do not understand the process after going through the USCIS website and the online guides, contact an attorney. If you are unable to afford an attorney, there are many social service agencies that assist potential immigrants with fees based on income. Ask at your local vet center for recommendations.

Edited June 25, 2018 by CEE53147