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emzie1007

F-1 Student marrying US Citizen

By emzie1007 in Adjustment of Status from Work, Student, & Tourist Visas

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emzie1007 Explorer

emzie1007   0

Posted
Filed: Other Timeline
Posted

I am currently on an f-1 student visa and came to the US to study. While here I met my now fiance who is a US citizen. We are not sure when we are getting married yet, possibly in the next couple of years. I want to know exactly what I need to do for the future. Obviously I did not expect that I would meet someone and fall in love during coming here for studies. Firstly, are you even allowed to get married on a student visa while it is still in status or do you have to apply for something else before the actual marriage? Obviously I do not want to violate any rules. Secondly, what forms need to be filed, and will it automatically be rejected? I know when I first applied for my F-1 Visa that it said you should have the intention of returning home after your studies. Lastly, while you are waiting for the applications to be processed do you have to leave the country? Any help would be really appreciated.

Thankyou!

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Yes, you could get married on a student visa. Follow the guides above for the particulars of your case.

As long as you do not misrepresent yourself leaving/entering the US, you shouldn't have any issues.

Normally, you do not have to leave the US during the AOS - indeed, you can request an AP to leave during the AOS if you need to. (as long as you have no overstay issues).

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

You can adjust status based on marriage to a USC.

You are not supposed to use that visa to enter for the purpose of marrying someone is most likely what they meant.

There are things you need to know like, if the AOS is denied you have no means of appeal (though denials are rare if the relationship is real and has lots of evidence). Also, after you marry, you SHOULD NOT LEAVE the US until you have done AOS as when you try and re-enter they may think that you're using the F1 to AOS and deny you entry. You're allowed to AOS while in the US because you obviously (right now) didn't enter using the visa with the INTENT to AOS.

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a F1 visa and the prior forum is for K1, K2, K3 & K4**

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

zicomania Apprentice

zicomania   1

Posted
Filed: AOS (pnd) Country: Nigeria
 Timeline
Posted

I am currently on an f-1 student visa and came to the US to study. While here I met my now fiance who is a US citizen. We are not sure when we are getting married yet, possibly in the next couple of years. I want to know exactly what I need to do for the future. Obviously I did not expect that I would meet someone and fall in love during coming here for studies. Firstly, are you even allowed to get married on a student visa while it is still in status or do you have to apply for something else before the actual marriage? Obviously I do not want to violate any rules. Secondly, what forms need to be filed, and will it automatically be rejected? I know when I first applied for my F-1 Visa that it said you should have the intention of returning home after your studies. Lastly, while you are waiting for the applications to be processed do you have to leave the country? Any help would be really appreciated.

Thankyou!

you can get married while you are on F-1, I was on F-1 status when i got married and i mailed out my AOS application already. And you don't have to leave the country to process your applications... you will need to file form I-130, I-485, I-765, and you gonna need and affidavit of support, I hope this helps you can also go to the uscis website to get more information..

longey Apprentice

longey   1

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

What about processing times?and this paperwork is all filed after the marriage? Is there anything needed before?

For myself and several others on this board it took about three months from mailing in the application to the approval at or shortly after the interview. So I'd say that's a reasonable estimate if there are no complications in your case (request for evidence etc.).

And yes, you need to get married first before you can file, since that will be the basis of the application.

You can start collecting documents and going over the different forms before your wedding, though. :)

AOS:

12/05/09: Sent AOS package to Chicago lockbox.

12/11/09: USPS reports delivery of package.

12/16/09: I-485 check cashed.

12/17/09: I-130 check cashed.

12/19/09: Received four NOAs in the mail (dated 12/15)

12/28/09: Received biometrics apt. letter for 1/8/10

01/04/10: Walk-in biometrics done (Santa Ana, CA)

01/26/10: Received interview letter for March 10

02/05/10: EAD card production ordered & AP approval notice sent, both arrived in the mail shortly thereafter

03/10/10: Interview and approval for cond. GC

03/11/10: Status update "Card production ordered"

03/16/10: Welcome letter in the mail

03/22/10: GC in the mail!

ROC:

12/20/11: Mailed to CSC.

12/21/11: NOA date.

01/13/12: Scheduled biometrics.

05/18/12: Received approval letter, dated 5/14.

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Duplicate thread removed

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

besaangel Proficient

besaangel   18

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

Please read the guides, most of your answers will be found there and additional questions can be answered...

6y2gm4.pngE1nrm4.png

01/06/10 - ♥ Got Married ♥

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

 
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