My fiancee is already in the USA on a student visa

[davlor 0]

Forgive me if this has been asked many times before, but my reading and searching wasn't fruitful.

My girlfriend from Taiwan and I plan to get married soon. She has been in the USA for a couple of years on an H1 student visa. She graduated last December and is currently on OPT (Optional Practical Training) which allows her to work in the USA till January 2007; after that, she'll need to leave unless we've procured another visa.

So, where should we start? It would seem that a K1/K2 is unnecessary since she's already in the country. Can we move directly to filing an I-130, after we marry?

Our top priority, of course, is allowing my girlfriend to stay in the USA without having to return to Taiwan in January. We are happy to get legally married ASAP if this is necessary or speeds up the process.

Please forgive my ignorance, and thank you for the help.

Edited June 16, 2006 by davlor

[john_and_marlene 162]

Forgive me if this has been asked many times before, but my reading and searching wasn't fruitful.

My girlfriend from Taiwan and I plan to get married soon. She has been in the USA for a couple of years on an H1 student visa. She graduated last December and is currently on OPT (Optional Practical Training) which allows her to work in the USA till January 2007; after that, she'll need to leave unless we've procured another visa.

So, where should we start? It would seem that a K1/K2 is unnecessary since she's already in the country. Can we move directly to filing an I-130, after we marry?

Our top priority, of course, is allowing my girlfriend to stay in the USA without having to return to Taiwan in January. We are happy to get legally married ASAP if this is necessary or speeds up the process.

Please forgive my ignorance, and thank you for the help.

Go ahead and get married here then submit I-130 and I485 (petition for relative and adjustment of status) at the same time. Don't leave the U.S. until the AOS is complete.

[woodgc 0]

I agree get married asap and do an aos my friend did it that way. Since she did not plan on doing that when she arrived it is completely legal

[davlor 0]

Okay, thanks guys. One more question I have is if we do file an I-130 and I-485, is the process likely to be completed before my girlfriend's current stay expires in January 2007? That's only 6 months away. If we have filed the forms, can we ask permission for my girlfriend to stay in the USA beyond January while we're waiting? That issue isn't terribly clear in the guides. Thanks again for all your help

[kitkat1 5]

Okay, thanks guys. One more question I have is if we do file an I-130 and I-485, is the process likely to be completed before my girlfriend's current stay expires in January 2007? That's only 6 months away. If we have filed the forms, can we ask permission for my girlfriend to stay in the USA beyond January while we're waiting? That issue isn't terribly clear in the guides. Thanks again for all your help

That's a super important detail. The I-130 may be processed in 4-6 months but then you need to get the AOS done. And you can't risk her being "out of status" in January 2007.

One place to ask this question where there are more people going through this is

www.immigrate2us.net/forum/index.php. Try looking through the Marriage Based AOS forum for answers.

There is also a very helpful attorney, Laurel Scott, will offers free chats on Wednesday mornings as well as half hour consultations for $75 (less for email but I think phone is better). Her site is www.visacentral.net

I'm sure between these three sources you'll get this answered and in the meantime, start gathering everything you need for your I-130 so you can be ready to go!

Good Luck