Changing from F-1 visa to Fiance visa?

[drewhimself 0]

Hi all

I am from England and am currently on an F-1 student visa. Me and my American girlfriend have been together for 3 and a half years and plan to get married next summer (before my F-1 visa expires). I am looking for any information on whether I should apply for a change of status to a K-1 visa before getting married or just get married and start the green card process afterward.

I am not particularly worried about being approved due to the length of time we have been together, but I want to make sure I do things in the right order. Any advice on this and what forms I will need to complete will be much appreciated!

[sachinky 464]

If you're both in the U.S., then just get married and file for Adjustment Of Status from your F-1. As long as you're in good standing, there should be no problem. I know you need the I-130 and the I1485. Hopefully, someone soon will come along and give you the complete list. In the meantime, read the guides.

If you are in your home country, then she may file a K1 (fiance visa) for you. Or you guys may get married in the UK and file for a CR1 or a K3.

Edited November 16, 2009 by sachinky

[RebeccaAndPhil 5]

Since you will be in the US you will want to file AOS to get your GC. Read this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

[drewhimself 0]

Thanks. My visa ends in next August, will we need to get married months before that to ensure the paperwork is processed before it expires?

[Betti 1]

If you did not plan to get married and stay in the States when you last entered the country on your F-1 visa, you can go ahead and get married here and then adjust status (AOS) after the wedding.

You will not be able to work while your AOS is pending and you are waiting for your work permit (EAD). You will also not be able to leave and re-enter the country while your AOS is pending and you are waiting for your travel permit (Advanced Parole=AP). It takes up to 3 months to receive both of this, after filing for AOS.

The whole process, from filing to greencard, takes up to 6 months. In my case it was a little under 3. The total cost is somewhere around $1600, depending on the cost for your medical, pictures,... The visa itself is $1010 for the I-485 and $355 for the I-130.

Here is a link to the guides on VJ: http://www.visajourney.com/forums/index.ph...page=i130guide2

Here is a link to uscis.gov: http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Good luck!

Edited November 16, 2009 by Betti

[drewhimself 0]

We were actually together when I came out on my F-1 visa (I had previously been a J-1 visa, then came back on the F-1) but did not plan to marry. Do you foresee that being a problem?

Just to confirm, if we get married, say 6 weeks before my visa expires, then I apply for AOS, I will be allowed to stay after my F-1 expires while the paperwork is being processed?

[Darnell 8,478]

you might find this topic useful - http://www.visajourney.com/forums/index.php?showtopic=228250

Good Luck !

[Betti 1]

That should not be a problem at all. I was together with my then boyfriend, now husband, too, when I came on a J-1 visa last year. Neither one of us knew at my time of entry that we will get married and I will stay after the visa is up. It was never mentioned by anyone throughout the AOS process, it seemed more important to proof that our relationship is real. Just make sure you send enough evidence with your application and be honest at all times, and it should be going well.

Yes, as soon as you receive your NOAs (Notice Of Action), about 10 days after you send in your AOS package, your new status is "AOS pending", which allows you to stay in the country until a decision is made.

[freetv 7]

Just get married soon and apply for aos. If you wait until the final month or two of your visa it could appear that you are getting married for the wrong reasons.... You never know who is going to be sitting on the other side of that desk at your local office (interview), so why leave anything to chance? You are allowed to attend college while your aos is pending so nothing changes but your status.

[loyaboya 0]

It sounds like you guys are in the same situation that my husband and I were in. We just had our interview and got approved last week Everything was fine and we were never asked any questions about his overstay. I think the most important thing is to provide as much documentation as you can about your relationship and be honest in everything.

We were married less than a month before his F1 expired. I wasn't worried about it looking rushed because we had a traditional wedding (over 1 year of engagement and several months of planning, just like many couples). I don't see any reason to be worried if there is nothing to hide. Good luck! Enjoy your wedding!

[Chica Yeyé 41]

You should be ok, since you did not come to the US with intent to marry. Check out the guides

[dirtyweebesom 8]

Hi, "Drewhimself"

I was also on a F1 visa (it expired in May, and my OPT expired in July) and my husband and I got married in April, so only one month before my visa expired.

We had planned to file our immigration paperwork before my OPT expired but, due to changed financial circumstances, we couldn't afford the $1600 application fees until just a couple of weeks ago. In other words, I overstayed by about 3.5 months (although apparently there is a roughly 3-month grace period for you to get out of the country).

I don't think my slight visa overstay will cause any problems - at least that's what I've heard on here.

I *am* a bit worried about getting married so close to the expiry date on my visa, though. My husband and I had only been together for a year before getting married, so I hope that won't look suspicious.

[Mister Jeeves 4]

I came to the USA on J-1 in 2005, met my girlfriend at, returned in 2009 on F-1 and got married to her about 8 months later. Of course it wasn't premeditated and we recently filled AOS for GC and I am now in possesion of the GC. The process was smooth.

You'll be fine.

Good luck

-Brendan

[FortLaudy 10]

I'm on F1 visa too and got married well after arriving here to my darling husband, we just filed AOS paperwork and waaaiiiting impatiently, lol, I'm sooo impatient!

As everyone above me advised, you have to get married first and your spouse has to file petition for alien relative (I-130) (with this you need to include a very important doc.: marriage certificate!) however you will want to file all your paperwork together, AOS, Advanced Parole (AP) application, and EAD (Employment Authorisation Document), which does cost a pretty penny but if your case is simple enough don't hire a lawyer, resources such as this site is very helpful and all the info you need with checklists etc. is all free on here. Good luck mate and let us know how it goes!

[Luckygoat 2]

I am actually in the exact situation you are in. Once you get married and apply before your F1 visa expires you will be fine...actually you will be fine even if you apply a couple weeks after it expires....once its not years we are talking about. But I would go ahead and do everything in advance and not wait until the last min. Me and my fiance are getting married and appling next month. You can adjust your status directly from you F1 visa since you and your wife are already here. Here is all you need:

http://www.visajourney.com/forums/index.ph...page=i130guide2