F-1 (Student Visa) to Permanent Resident?

[Varekaii03 0]

Hello everyone ;-)

I hope everyone will have a fantastic 4th of July tomorrow!

Here's a question I would like some advice on, please.

My fiance is coming back to the states for school in a few months. We wish to marry while she's here (If you read my post a week+ back, we were going to file for the K1, but she has decided to study here in the US). My question is which papers will we have to file later? The I-130 package? Will she be required to maintain her F1 visa while all of the papers are being processed in order to stay in the US? Regarding the bylaws her main intent is to study, not to immigrate.

Thanks for any advice! =)

[woodgc 0]

I would think if she is here on a student visa and you decide to marry no need to do a k1 you simply marry in USA and do a AOS here in the USA. The only catch is she can not leave intell the AOS is finished. I am sure many people will say I am wrong and flame me but talk to immigration, maybe a lawyer, and decide what is best for you both.

I will add a friend who's GF was here on a tourist visa dicided to get married so he went down to the local immergation office and asked if they could do it --- marriage and AOS in USA--- they were told yes it is completely ok. They did it that way and the only problem is that his wife had to remain in the USA intell AOS was completed which took several months.

Good Luck

[tomica52 0]

I went from F-1 to AOS, the only difference is that I was in the US on F1 for 9 years before filing AOS. It might look suspicious if she comes to the US on F1 and gets married right away, not sure if it is going to be a problem, but it might.

Now you need to file I-130, and I-485, and if she wants to work I-785, and if she want to travel before completion of AOS I-131. Now the most important thing is: after you file for AOS she can not use her F1 to enter back into the US.

Good luck, and if you have any more questions feel free to PM me.

Alex

Actually that is I-765, and not I-785....

[MPGGPM 0]

I would think if she is here on a student visa and you decide to marry no need to do a k1 you simply marry in USA and do a AOS here in the USA. The only catch is she can not leave intell the AOS is finished. I am sure many people will say I am wrong and flame me but talk to immigration, maybe a lawyer, and decide what is best for you both.

I will add a friend who's GF was here on a tourist visa dicided to get married so he went down to the local immergation office and asked if they could do it --- marriage and AOS in USA--- they were told yes it is completely ok. They did it that way and the only problem is that his wife had to remain in the USA intell AOS was completed which took several months.

Good Luck

You have to think things through carefully though.....there was one member a while ago who wrote about his wife coming here on a tourist visa and staying. Now, ......because of that, the US consulate will not issue any other family members of the wife a tourist visa because she stayed. They were trying to get some other relatives a visa to visit and it is near impossible now because they lost the consulate`s trust. Most likely, the other family members will never be able to visit the USA.

She could stay on the F-1 visa...but as that other person wrote, it`s a bit different in their eyes if someone does AOS after being in the USA for many years.. .....as opposed to shortly after they arrive.

If she just recieved that F-1...and decides to remain and file for AOS....they should carefully think everything through. If she`s been here a while , however, then I don`t think she should have any problem doing AOS.

[ardilla 0]

I agree.... by presenting at the POE with an F1 she is asking the inspecting officer to consider her a nonimmigrant or a person with no immigrant intent. My SO has been here for four years on an F1 and we are just now getting around to filing his AOS. If your fiancee's main intent in coming here is to study then the F1 may be what she should request, but if she is questioned at the POE about your relationship there could be issues.....if she says she is engaged to a US citizen there will definately be issues! Research this carefully and I suggest talking to an immigration lawyer about your options.

[americangirl 0]

If her main intent is to study, not immigrate, why are you pursuing AOS? She can stay here indefinitely as long as her F-1 visa is valid, so getting her green card is not necessary - and will just prolong the process for someone who actually wants to immigrate.

My husband is adjusting from F-1, and we've had no problems so far, but he was on it for five years before we got married. And no, you don't have to maintain your F-1 status while adjusting AOS - his expired over a month ago, and now his status is something like "adjustment applicant."

[popocat 0]

I came to the U.S as F-1 student and I met my husband and married.

My lawyer said the most important thing is that I did not intend to live U.S. when I came into U.S.(last entry).

I had been U.S as a student for four years and I met my husband three years ago and have been together almost three years. I did not intend

So, I think, if you intended, it is not OK and it is better to apply for K-1 visa. It takes a little while, but it is a better way because your fiance is officially allowed to marry with you and the process of adjusting status is smooth also.

However, after filing for AOS, F-1 visa will be expire (it doesnot matter hte visa expiration date) so that she doesnot have to go to school.

Good luck

[Illinois 0]

I too have adjusted from F-1 entry status to PR, but after being in the US for several years on F-1 status before even meeting my spouse.

As others say before me, it all boils down to intent at entry. Marrying soon after arrival and applying for adjustment can be a red flag. If you decide to go this way, tomica52 has the correct papework. She could also apply for a travel permit if you plan on travelling abroad since her F-1 will be invalid when AOS is filed for.

Try to get atleast an initial consultation with an attorney.

Good Luck!

[timelena 0]

The interviewing officer asked me if I married my husband 1 year after arrival to US on a student's visa. I said yes, and she was satisfied with this answer.

Moreover, I continued studying after the marriage, which an additional evidence that I came here to study

[chocolaterie 0]

I can tell you only what I know from my experience and that of people I have known. was her first intent to come to the usa to study? The whole thing about visa fraud, is if you're using a visa for other than the purpose it was issued. Many will tell you it's not a good idea, well here's some advice. but take it with caution as with any response. If she tells the POE that she has a fiance the officer will likely deny her entry and tell her to come back with a k-1. This is exactly what happened to me, I was visiting my fiance in the states at the time because i wanted to check out some schools, that way we could continue our relationship - and i could go to school. But as a CDN citizen i was denied and told to get a k-1 or an f-1. So if she enters on an f-1 make sure she doesn;t say more than she needs to, and if you do decide to get married make sure it's after 90 days (this comes from the advice of an immigration lawyer we had) and that she actually does go to school!