Citizen Marries Medical Student Visa In The US.

[recalcitrance 0]

If a US Citizen marries someone IN THE UNITED STATES who is on a Student Visa, what applications need to be submitted?

Edited April 28, 2008 by recalcitrance

[Chica Yeyé 41]

I believe you would need to file for Adjustment of Status.- check in that subforum.

and

[YuAndDan 153]

Depending on visa type the student is in the USA on, they may be able to adjust status in the USA.

There is a guide for this: http://www.visajourney.com/forums/index.ph...page=i130guide2

Note J-1 visa holders probably will have a 2 year home residency requirement that probably will need a waiver.

[recalcitrance 0]

He is on an F-1 Visa right now with an I-20 valid until 2010.

It seems as though I need to file an I-129, then an I-485 with an EAD, then wait 2 years then apply for conditions to be lifted..........then what? N-400?

Will he have to return to his country for whatever reason or can he stay here???

Edited April 28, 2008 by recalcitrance

[YuAndDan 153]

He is on an F-1 Visa right now with an I-20 valid until 2010.

It seems as though I need to file an I-129, then an I-485 with an EAD, then wait 2 years then apply for conditions to be lifted..........then what? N-400?

NO follow the guide I linked to above.

You will be filing I-130+I-485+I-765+I-864 and perhaps I-131 for AP to the Chicago lock box.

N-400 can be filed within 90 days of 3rd anniversary of getting green-card.

[recalcitrance 0]

But he arrived on a Medical Student Visa. Not a Tourist Visa.

Why the I-129 and not the I-130?

We are not married yet. I want to know what would be the best way to go in order to avoid having him return home.

Edited April 28, 2008 by recalcitrance

[YuAndDan 153]

But he arrived on a Medical Student Visa. Not a Tourist Visa.

Why the I-129 and not the I-130?

We are not married yet. I want to know what would be the best way to go in order to avoid having him return home.

Your OP asks "If a US Citizen marries someone IN THE UNITED STATES who is on a Student Visa, what applications need to be submitted?"

I answered this, You marry first, and then follow the guide.

I-129 is used by employers to petition for a work visa, it is NOT used to adjust status from a NON-Immigrant to Immigrant.

I-485 can be filed when an I-130 is filed that would result in an immigrant visa number being immediately made available, that happens when a US Citizen files an I-130 for a spouse. I-485 directions clearly indicate that it can be filed with a concurrent I-130 filed by US Spouse.

Edited April 28, 2008 by YuAndDan

[Sylvia_n_Joseph 3]

Depending on how his studies were paid for he may HAVE to leave the US. Look at the visa for a home stay period. This can not be changed by marriage. If he has a home stay requirement he MUST go home.

[Paul Hanaki 73]

If a US Citizen marries someone IN THE UNITED STATES who is on a Student Visa, what applications need to be submitted?

My wife is on an F1 visa and has been in country for 10 years. We were married last year and we filed

I-130, I-131, I-485, I-864, and she also had to get the medical exam. We just got our interview notice today for June 6th. So no issues so far.

[EstebanTrabajos 7]

I used to be an F-1 and filed I-130, I-485, I-765 (work permit) and I didn't file for a travel documents (in case you need to exit the country) but also you can go ahead and file for it if needed.

Edited April 28, 2008 by GueraYTavo

[carolinek 0]

Tritto -- I was an F-1 and I filed I-130, I-485, I-765, I-131 all at the same time (with medical and support affidavits as well). If you're not married yet, you can't file I-130 on behalf of your fiance as a spouse; you have to get married first. That was the one universal piece of advice I got: go get married!