F-1 Visa Expires before I-485 can be processed - help

[Larry S 0]

My finance and I are planning on getting married this month, but we've hit a snag. It will take several months to get a certified, translated copy of her Bulgarian birth certificate for the I-485, and Her F-1 visa will be expired by then. If we are married, and then her visa expires after the marriage, will she have to leave the country and obtain a spouse visa to continue the immigration process or are we safe as long as we marry while her F-1 is still current even if it expires before we are able to file the I-130 and I-485.

[Lili 3]

You can do the translation of the birth certificate yourself if you are fluent in both languages. It doesn't need to be certified, you just need to add a specific paragraph that you understand both languages and sign it.

Overstay is forgiven through marriage to a US citizen. However, you lose any right to appeal if needed.

Someone will chime in and give more insight.

[Saddle Bronc 124]

No. An idea: file the I-130 and I-485 (package, including I-131 and I-765) immediately after marriage--even without the birth cert.

USCIS will send you an RFE, though not immediately--the delay will give you time to get the birth cert.

[Tom_Jim 40]

You can do the translation of the birth certificate yourself if you are fluent in both languages. It doesn't need to be certified, you just need to add a specific paragraph that you understand both languages and sign it.

Overstay is forgiven through marriage to a US citizen. However, you lose any right to appeal if needed.

Someone will chime in and give more insight.

Excellent suggestion

[Heliosphan 1]

My finance and I are planning on getting married this month, but we've hit a snag. It will take several months to get a certified, translated copy of her Bulgarian birth certificate for the I-485, and Her F-1 visa will be expired by then. If we are married, and then her visa expires after the marriage, will she have to leave the country and obtain a spouse visa to continue the immigration process or are we safe as long as we marry while her F-1 is still current even if it expires before we are able to file the I-130 and I-485.

She has two months to get her affairs in order before she leaves the country. She's legally in the country two months after the F-1 visas expires.

For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

* F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.

http://www.travel.state.gov/visa/temp/types/types_1268.html

Get married, do the adjustment process and then try to get the Birth Certificate in the mean time. When you get the RFE you should have it.

You should post this in the subforum, I would've been able to answer this faster.

[Lili 3]

My finance and I are planning on getting married this month, but we've hit a snag. It will take several months to get a certified, translated copy of her Bulgarian birth certificate for the I-485, and Her F-1 visa will be expired by then. If we are married, and then her visa expires after the marriage, will she have to leave the country and obtain a spouse visa to continue the immigration process or are we safe as long as we marry while her F-1 is still current even if it expires before we are able to file the I-130 and I-485.

She has two months to get her affairs in order before she leaves the country. She's legally in the country two months after the F-1 visas expires.

For a student who has completed the course of studies shown on the I-20, and any authorized practical training, the student is allowed the following additional time in the U.S. before departure:

* F-1 student - An additional 60 days, to prepare for departure from the U.S. or to transfer to another school.

http://www.travel.state.gov/visa/temp/types/types_1268.html

Get married, do the adjustment process and then try to get the Birth Certificate in the mean time. When you get the RFE you should have it.

You should post this in the subforum, I would've been able to answer this faster.

Good point, Heliospan! I forgot about the two months grace period.

[Tom_Jim 40]

Great find, Helio!

[Jhatch 0]

My finance and I are planning on getting married this month, but we've hit a snag. It will take several months to get a certified, translated copy of her Bulgarian birth certificate for the I-485, and Her F-1 visa will be expired by then. If we are married, and then her visa expires after the marriage, will she have to leave the country and obtain a spouse visa to continue the immigration process or are we safe as long as we marry while her F-1 is still current even if it expires before we are able to file the I-130 and I-485.

I had to have my wife get one translated too in Rousse. What you could do is maybe mail a birth certificate to a family member in Bulgaria and have them take it to a translation office. I had several translations done and it takes only a few days. Then they could mail it to you. Was not to expensive or time consuming. Good Luck