Married, then what? Can she stay if already here?

[visanator 0]

Hi,

I am a USC wanting to marry my GF who is currently residing in the US in the last semester of her student visa. Which means, if I understand things correctly, she leaves for home in Christmas and isn't allowed back into the US.

So, assuming we were married on Halloween, can she stay until we get all this IR1 worked out? Reading the timelines in peoples' sigs, they don't say where the spouse is all this time.

Going to talk to immig atty soon, but would like some real-world answers from people actually in the trenches of this battle. TIA.

[canadian_wife 1,823]

She's in the US on a student visa? Then yes you can marry and file the I-485 and the I-130 (with supporting documnents) to adjust status and she can stay. She won't get an Ir-1 (or a CR-1) she'll adjust her status from student to permanent resident. Note: She cannot travel without the right documents after you file

Good luck.

Edited October 21, 2009 by canadian_wife

[Penguin_ie 5,994]

Yours is (probably- unless there is a home-stay requirement nin her student visa) one of the rare-ish circumstances under which the foreigner can stay in the USA- most people here live apart from their loved ones during the visa process, hence this isn't mentioned in timelines. You don't apply for a visa as such, because a visa is to enter the USA. But yes, as long as you get married before her visa expires, she can stay.

[visanator 0]

Thank you guys, for the quick response. So many fears and questions. I guess we are doing better than a lot of folks here (no separation), so that's good.

More questions to come, I'm sure. Good luck to everyone going through this!

[visanator 0]

Right documents? So does she need a "visiting parents for Christmas please let me back in afterward" form?

She's in the US on a student visa? Then yes you can marry and file the I-485 and the I-130 (with supporting documents) to adjust status and she can stay. She won't get an Ir-1 (or a CR-1) she'll adjust her status from student to permanent resident. Note: She cannot travel without the right documents after you file

Good luck.

[Penguin_ie 5,994]

She probably will not be able to leave for Christmas, as it'll take several weeks to get her travel documents after you marry, so even if you marry now, it may be too late for a Christmas visit. If she leaves without the documents then she will probably not be allowed back in until you have an approved spousal visa, which takes 6-8 months.

Edited October 21, 2009 by Penguin_ie

[visanator 0]

Yikes!! That's not good!

She probably will not be able to leave for Christmas, as it'll take several weeks to get her travel documents after you marry, so even if you marry now, it may be too late for a Christmas visit. If she leaves without the documents then she will probably not be allowed back in until you have an approved spousal visa, which takes 6-8 months.

[Chica Yeyé 41]

If she leaves before her Advanced Parole comes through (this is part of the Adjustment of Status package), she might not be allowed back in until the AOs is resolved.

[canadian_wife 1,823]

Getting married and filing for her adjustment of status ASAP is really your best bet (and you're quite lucky to find yourself in this situation). If you don't then you'll be facing a long time apart while she waits in Canada for her visa interview in Montreal

Not going home for Christmas, although difficult, may be worth it. However, some making infopass apointments have had some luck getting AP documents quicker

Good luck.

[Chica Yeyé 41]

I wonder if the current visa has a home-residency requirement?

[canadian_wife 1,823]

Marrying her ASAP and filing her adjustment of status is your best bet, and your quite lucky to be able to do so. If you don't, and she goes home for Christmas, you'll be facing long periods of separation while she waits in Canada for her interview.

Good luck

[visanator 0]

She's an F-1, living in the US, and has been allowed to travel back to her home during semester breaks.

I wonder if the current visa has a home-residency requirement?

[Chica Yeyé 41]

I read that. But does it have a Two-Year Home-Country Physical Presence (Foreign Residence) Requirement?

Clearing that up has to be your first step.

She's an F-1, living in the US, and has been allowed to travel back to her home during semester breaks.

I wonder if the current visa has a home-residency requirement?

[visanator 0]

I'll have to check on that.

I read that. But does it have a Two-Year Home-Country Physical Presence (Foreign Residence) Requirement?

Clearing that up has to be your first step.

She's an F-1, living in the US, and has been allowed to travel back to her home during semester breaks.

I wonder if the current visa has a home-residency requirement?

[canadian_wife 1,823]

From being on a student visa in the US - unless things have changed, I don't think she will have the residency requirement

Good luck.