Marrying a legal alien student

[Colombia_Love 0]

Hi everyone, this is my first post. I have tried to do some reading around the site to help find my anwser, but it eludes me. I am a natural born US citizen, and I want to marry a Colombian national who is here an a student visa. Her visa expired earlier this year, however she is legal to stay because she has an I-20 which means she can stay as long as she is a full time student. I have looked at which visa would be the right one but they all say if you want to marry and the person is living in their country. So which would I need if we are both living here in California legally? Would it be the K-1 or another? Sorry if this question has been asked before, but I was unable to find the answer, so now I am asking for help. Any guidence is greatly appreciated. Thanks.

[YuAndDan 153]

If immigrations was not an intent when getting student visa, then you should consider marriage, and adjustment of status. Forget about filing for a K-1

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

[Colombia_Love 0]

No we met for a while after she arrived an began her studies. She never had the intent of living here and when she first came thought it was going to be only for a short while. Her cousin decided to sponsor her and that is how she came to be studying here in the first place. If there was never any intent of immigration, we should be ok with the I-130 right? The problem is that her visa expired but she has a SSN and a sponsor and is legal to study until 2009.

Edited December 12, 2007 by Colombia_Love

[Dan J 277]

No we met for a while after she arrived an began her studies. She never had the intent of living here and when she first came thought it was going to be only for a short while. Her cousin decided to sponsor her and that is how she came to be studying here in the first place. If there was never any intent of immigration, we should be ok with the I-130 right? The problem is that her visa expired but she has a SSN and a sponsor and is legal to study until 2009.

I-130 + I-485 and any other forms or documentation needed for AOS is fine in your case. She wont however be able to leave the country and return until she has either a greencard or has been granted AP (Advanced Parole).

[YuAndDan 153]

No we met for a while after she arrived an began her studies. She never had the intent of living here and when she first came thought it was going to be only for a short while. Her cousin decided to sponsor her and that is how she came to be studying here in the first place. If there was never any intent of immigration, we should be ok with the I-130 right? The problem is that her visa expired but she has a SSN and a sponsor and is legal to study until 2009.

If she is still in the USA, marry and file I-130, I-485, I-765, and perhaps I-131, along with I-864 to the Chicago Lock-Box address specified in form I-485, Fee will Be $1010 for the I-485/765/131, and $355 for I-130. The overstay will be forgivin based on marriage to US Citizen.

Don't attempt to travel out of the country until after getting AP (I-131).

On I-485 check "a" based on approved relative petition (I-130)

On I-765 code is (c ) (9 ) based on pending I-485

[Colombia_Love 0]

Awesome, thanks for all your help guys. Those are some big fees, but worth it. Good old Uncle Sam always gettin' his. Thanks againg guys. Hopefully we'll be able to get all this figured out before Xmas next year so we can visit her family during that time.

[pushbrk 14,514]

Awesome, thanks for all your help guys. Those are some big fees, but worth it. Good old Uncle Sam always gettin' his. Thanks againg guys. Hopefully we'll be able to get all this figured out before Xmas next year so we can visit her family during that time.

Sounds like you have your answers and I concur but just for clarification for those who come along later....

A "visa" is used to enter a country. If you're already in, chances are a visa is not what you need in order to accomplish marriage and staying, because, you're already in.

[Illinois 0]

Awesome, thanks for all your help guys. Those are some big fees, but worth it. Good old Uncle Sam always gettin' his. Thanks againg guys. Hopefully we'll be able to get all this figured out before Xmas next year so we can visit her family during that time.

CL,

There are some of us here who ajudsted from similar situations. Above is all good advice. If you need more specific info, please feel free to send a PM.

Good Luck!

[john_and_marlene 162]

Does she have a home residency requirement with her student visa?