So many different documents. Where do I start?

[ilovesaeri 0]

Please forgive this probably over asked question but here's my situation.

My girlfriend came from South Korea to the US almost three years ago. She came as a visitor and ended up getting some kind of student VISA and going to school in the US. She never went back to Korea to get her VISA. She has recently graduated is legally working. Again, I don't know the name of the document. She's now at the point where she needs to look for a "sponsor" (don't know what that means) who is probably going to be her boss. She works for a small fashion company as a designer.

So now we're talking marriage and we don't really know where to start. What we've got to decide is, do we push our nuptials forward some months to try and get her a green card or does she try to get an H1-B VISA for her current status runs out?

Totally confused!

Thanks,

Chris.

[Dakine 26]

Please forgive this probably over asked question but here's my situation.

My girlfriend came from South Korea to the US almost three years ago. She came as a visitor and ended up getting some kind of student VISA and going to school in the US. She never went back to Korea to get her VISA. She has recently graduated is legally working. Again, I don't know the name of the document. She's now at the point where she needs to look for a "sponsor" (don't know what that means) who is probably going to be her boss. She works for a small fashion company as a designer.

So now we're talking marriage and we don't really know where to start. What we've got to decide is, do we push our nuptials forward some months to try and get her a green card or does she try to get an H1-B VISA for her current status runs out?

Totally confused!

Thanks,

Chris.

Up to you guys. If she came to the US without intentions of marrying you you guys can marry and she can file to adjust status and get her GC.

[Carlawarla 1]

Please forgive this probably over asked question but here's my situation.

My girlfriend came from South Korea to the US almost three years ago. She came as a visitor and ended up getting some kind of student VISA and going to school in the US. She never went back to Korea to get her VISA. She has recently graduated is legally working. Again, I don't know the name of the document. She's now at the point where she needs to look for a "sponsor" (don't know what that means) who is probably going to be her boss. She works for a small fashion company as a designer.

So now we're talking marriage and we don't really know where to start. What we've got to decide is, do we push our nuptials forward some months to try and get her a green card or does she try to get an H1-B VISA for her current status runs out?

Totally confused!

Thanks,

Chris.

I agree with Haole. Marry, adjust status, and she'll get her GC. There would be a period of time that she won't be able to work however this route. I'm not familiar with the H1-B Visas. When does her current status run out?

This has been done many times, so hopefully someone with the exact same experience can stop by and answer this. My concern would be if you got married and applied for her GC, which you can do, then she would not be able to work right away.

[KimandRuss 0]

You've received some great advice. As long as there was no intention on her part to immigrate to the US when she originally entered then there is not a problem with marrying and adjusting status. However, if she does leave the Country and re-enters knowing she is going to stay...that is fraud.

I'm just going to move this post over to a different forum where you may get some clearer answers on the process....

[2xHollyx2 3]

You can get married and just adjust status.

You can send the whole package to Chicago.

You'll need to file:

Petition for Alien Relative:

• Form I-130, Petition for Alien Relative, with $355 check;

• Form G-325A, Biographic Information, for the petitioner

• Form G-325A, Biographic Information, for the beneficiary/applicant

Application to Adjust to Permanent Resident:

• Form I-485, Application to Adjust Status, with $930 check in payment of the I-485

and $80 for biometrics;

• Form I-693, Medical Examination, in a sealed envelope;

• Form I-864EZ, Affidavit of Support, submitted by petitioner; (depending on co-sponsor two I-864 or I-864 + I-864A or something like that)

Application for Employment Authorization:

• Form I-765, Application for Employment Authorization

Application for Travel Document: (optional)

• Form I-131

Bona Fide Documents

lease, bank statements, etc.

For a more detailed list send me a pm.

I forgot: When you are married and file for AOS you are going to be her sponsor. ( I-864)

Edited December 2, 2008 by Gina-S

[Jon&Lindsey 0]

You've got great advice here. When you AOS after marriage, the EAD should (general time frame - of course not guaranteed but gives you an idea) be processed within 90 days, so you have about 3 months before she will be able to work on that EAD. If I were you, I would get married ASAP to help ensure that she can still work/has only a short time when she cannot. Like the others said, she must not leave the US if you do this, as to come back in with intention to get married and adjust on the basis of that marriage is fraud (it's fine to get married, it's the intention to stay and adjust that causes the problem). If I were you, I would also not have her leave the US until she has a GC in hand, as AP does not guarantee re-entry, especially if she has ever had any time out of status - IMHO not worth the risk.