Student got married.. now what?!

[BULLWINKLE 3]

Hey VJ-ers!!

Ok, here is my story and I hope that someone can help me with a clear and concise list of "what to do". I've been looking around on here and I think I know what my next steps are... I would really just love to hear it from some of the experts who have gone through this difficult journey! so bear with me please and thanks to everyone who responds!

My boyfriend (now husband ) and I have been together for a little over 4 years. We had a long distance relationship for a good majority of those years, with me visiting him in Oklahoma (I'm from Canada). A few months ago, I moved to Oklahoma as I started attending school there. I am now in OK on a student visa (F1)... I have my I-94 (Arrivals/Departure record) and my I-20 (school document).

Well, this afternoon... we had a wild hare and went down to the county clerks office and got hitched! This is the happiest day for the both of us. Sharing a long distance relationship for so long was definitely tough! But the idea of being apart after my visa expires was even more heart breaking for us. Married or not married.. we knew we were soul mates forever. <3

Well, now what?!

I know that we have to file for AOS but what goes along with that and what are the additional steps we have to take?

1. AOS (Form I-485)

2. Employment Authorization (Form I-765) - Do I fill this out at the same time as I-485? Will I be able to seek employment? Or wait until everything is said and done?

3. Application for Travel (Form I-131) - I had been planning to go and visit my family in Canada this summer.. I suppose I would need this form while I-485 is pending? Can I travel freely once I-485 has been reviewed?

4. What is the Biometrics Test? Procedure(s) involved? What is the form #?

Anything else that needs to be completed or does this cover it? Once approved, I suppose my student visa is no longer necessary? While AOS is pending, am I technically still here in the US on my F1?

What seems to be the average waiting period for all of these steps to be complete? I know that each case is unique but I'm just trying to get a general idea.

Thanks again to all! Wish us luck on all of this.. here we go down the long and winding path of Immigration...wheeeeeeeeeeeee! LOL!

[DaniG 3]

Form I-130 above all.

Form I-485 includes I-693 (medical exam) & I-864 (affidavit of support), which are mandatory + the forms you mention in 2 & 3, which are optional.

While pending, you are still in F-1 and can continue to go to classes, but cannot use your visa to leave the country and come back (for that you will need Advance Parole, which is the approved I-131). Right now it seems to take 3-4 months to go through everything without RFE (requests for further evidence, which you get if you failed to send something with the application). Biometrics is a trip to the local USCIS office (usually they have at least one per state) and having your picture and fingerprints taken.

Read some guides on how to prepare your application with all necessary documents. Ask on VJ if you are not sure about something. I used this guide (a little old) + VJ when I worked on mine: http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

[BULLWINKLE 3]

Form I-130 above all.

Form I-485 includes I-693 (medical exam) & I-864 (affidavit of support), which are mandatory + the forms you mention in 2 & 3, which are optional.

While pending, you are still in F-1 and can continue to go to classes, but cannot use your visa to leave the country and come back (for that you will need Advance Parole, which is the approved I-131). Right now it seems to take 3-4 months to go through everything without RFE (requests for further evidence, which you get if you failed to send something with the application). Biometrics is a trip to the local USCIS office (usually they have at least one per state) and having your picture and fingerprints taken.

Read some guides on how to prepare your application with all necessary documents. Ask on VJ if you are not sure about something. I used this guide (a little old) + VJ when I worked on mine: http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself

Hey DaniG! Thanks so much for your reply!! I am already looking forward to the "2nd wedding"... the BIG ONE!!! I like your time line lol!

So I-130 is the Petition for Alien Relative (I guess I am the Alien Relative huh? duhh..) This really needs to be filed? Even though I am already here in the States and we are now already married (not fiancee status)?? Is this a separate fee?

Is I-864 Affidavit also a separate fee?

If you are able to clarify I would really appreciate it. I've already started reading up on it too... and the link you had provided is amazing!

Edited May 26, 2010 by BULLWINKLE

[JordanP 0]

Hey DaniG! Thanks so much for your reply!! I am already looking forward to the "2nd wedding"... the BIG ONE!!! I like your time line lol!

So I-130 is the Petition for Alien Relative (I guess I am the Alien Relative huh? duhh..) This really needs to be filed? Even though I am already here in the States and we are now already married (not fiancee status)?? Is this a separate fee?

Is I-864 Affidavit also a separate fee?

If you are able to clarify I would really appreciate it. I've already started reading up on it too... and the link you had provided is amazing!

Hi.

I'm in a very similar situation, in that I'm a Canadian here on an F-1 student visa and have a pending green card application. I actually applied under my Dad, though, based on a petition he filed for me in 2004 (the i-130).

It seems you have everything in order. The i-130 is the petition, which needs to be filed. Since you are now the immediate relative of a US Citizen, you don't have to wait for a visa number to become available, so you file the I-485 application to adjust at the same time. You can also file your I-765 (work auth) and advance parole for travel (I forget the number)at the same time. There is not an extra charge for those when filing the I-485, if I remember correct. The fee for the i-485 is about $1010 with the biometrics fee. I think the fee for the i-130 is about $300 now.

Here is something you do need to know. The F-1 visa is not a dual intent visa, meaning you aren't supposed to have immigrant intent, you are just supposed to be here as a temporary student. Obviously, people's circumstances do change and since you've met a USC and gotten married you are no eligible to adjust. The thing is, if you work on your EAD or travel on your advance parole, you likely will not be admitted back to the US as an F-1 student. What this means is that if you get denied for your green card, you may be out of status while you finish your classes, depending on how long this takes. My lawyer is very conservative and advised me not to travel on any advance parole that was issued in regards to my green card as entering on the advance parole supersedes my entry on my F-1. If I were to later get denied the green card, I would likely be deemed out of status (and not in status on my F-1). I'd then need to leave the country and re-enter. Having filed the I-485 I would have exhibited immigrant intent and could stand to be denied entry on a temporary status, such as F-1 student or B-2 visitor. Working on the EAD could also pose a problem, but I got my EAD based on unforeseen circumstances under my F-1 status (I'm getting hitched to a yank too, and we're having a kiddo).

I'd probably just wait it out and not leave until after you have your green card in hand, just to be safe. The length of time it takes depends on where you file (I believe). I applied in March, had my biometrics in early April, and have my green card interview on Tuesday. I understand things are moving pretty quick right now across the board. My interview is likely the result of a DUI arrest I had a couple of years ago (which I'm freaking out over <---side note), but you may have an interview, too, as they like to make sure the marriage is legit.

Hope this helps. If you have any more questions, shoot me a message. I've spend countless hours on this situation and have had much dialogue with my attorney. As you know, I can't give "legal" advice, but I'm happy to share what I know.

Jordan

[JordanP 0]

OH yeah! Forgot about the medical. That will be a couple hundred as well. All up, you'll be looking at about $1500-1700 in fees, depending on the cost of the medical. I shopped around, but the prices I was quoted ranged from about $250 to $400 including the vaccinations.

[BULLWINKLE 3]

OH yeah! Forgot about the medical. That will be a couple hundred as well. All up, you'll be looking at about $1500-1700 in fees, depending on the cost of the medical. I shopped around, but the prices I was quoted ranged from about $250 to $400 including the vaccinations.

Thanks Jordan P! I didn't enter the States thinking that I would get married. It just sorta.. happened! I didn't meet my husband (hehehe.. I get such a kick saying that!) while I was here studying.. we've been together for 4+ years. Anyway.. gotta go get ready for wedding night din dins! Wow! Everyone is gonna be soooo surprised!

[BULLWINKLE 3]

Thanks Jordan P! I didn't enter the States thinking that I would get married. It just sorta.. happened! I didn't meet my husband (hehehe.. I get such a kick saying that!) while I was here studying.. we've been together for 4+ years. Anyway.. gotta go get ready for wedding night din dins! Wow! Everyone is gonna be soooo surprised!

I just read your reply again JordanP and I had totally missed lots of information that you wrote. Guess I am terrible at multi tasking - reading, typing, and getting myself gussied up at the same time! LOL!

That's good to know that travel should probably be ruled out while my AOS is processing. Too bad because we had hoped to have a get together with my family back home. I guess it will have to wait...

Better to be safe than sorry! I know just through dealing with my F1 that having to deal with immigration matters can be a huge pain in the butt and a nail-biting waiting game.

Congrats on your baby! When is the little one due? What a happy story!!!

And you mention that you have an attorney? I never thought of going about it that way... I gather it is not necessary to have a lawyer? I just don't seem to get along with them too well... *sigh*

[Radkova 11]

Congratulations on getting married

[DaniG 3]

Yup, the I-130 needs to be filed; in fact, without it all the other forms will be (not "might be") denied because you would have no basis for adjusting status. I-130 can be filed alone if you are really really tight on money at the moment (costs $355 and then you send all the other forms with payment later when it is approved) or you can file all the other forms listed above concurrently with it (which ups your costs by $1010 + fee for medical exam but it speeds things up considerably and you would be eventually paying these fees anyway, so this is what most people do). There is no fee for form I-864, just the fees listed above (I know there is an $70 DHS fee listed on USCIS but it does not apply when you adjust within the USA). I paid about $300 for my medical, but in some states you can find cheaper civil surgeons - just call all from the list on USCIS's website for your region and ask for their rates.

I sent in all these forms in one envelope, grouped together with their respective supporting documents into two stacks with binder clips. I put a cover letter on the top of each set describing all the documents included in the order I had them (with the check for the exact fee first on the list). Search on VJ and you will find examples of similar cover letters (tremendously helpful - you can just go with the list of documents and forms when preparing your own package and just post it on VJ for double-checking before you mail it). I can even send you mine if you want, they must be okay since I got no RFEs; just let me know.

I agree with JordanP about traveling while your application is being processed. I didn't even bother applying for Advance Parole because I knew I would not leave the country before I got my GC unless there was a big emergency. If you do everything right, you will probably have your GC in about 3 months, which is less than the time it takes me to plan a vacation anyway.

[BULLWINKLE 3]

Hey everyone! Hope you all had a great Memorial Day weekend

Thanks again for all of the great advice on here. I am sitting in front of my immigration forms, getting set to fill them out.

Another question.. hopefully someone can help...

I want to hyphenate my last name, and as a Canadian citizen, do I need to apply for a name change in Canada before I can legally use my new last name here in the US? Should I fill out my forms using my maiden name? This is what I read online about changing my name in Canada:

Use your marriage certificate to change all your identification (health card, drivers license, passport and banking information etc.). Your maiden name remains your legal name. This is the most common practice in Canada. If you want to change your legal name (which changes the name on your birth certificate), complete the Election to Change Surname form. If you do this within 90 days of getting married, there is no charge.

Problem is, I won't be able to get home to Canada for a visit to do this name change

I guess my real question is, how do I change my name? And what name should I use on my immigration forms (I-485, etc...)

Thanks again for the help!

Edited June 1, 2010 by BULLWINKLE

[BULLWINKLE 3]

Sorry.. one more.. do I fill in the forms using my address here in the US (my husband & my house)? Or do I use my address from Canada (this would be my parent's address, where I lived in Canada)?

Hey everyone! Hope you all had a great Memorial Day weekend

Thanks again for all of the great advice on here. I am sitting in front of my immigration forms, getting set to fill them out.

Another question.. hopefully someone can help...

I want to hyphenate my last name, and as a Canadian citizen, do I need to apply for a name change in Canada before I can legally use my new last name here in the US? Should I fill out my forms using my maiden name? This is what I read online about changing my name in Canada:

Use your marriage certificate to change all your identification (health card, drivers license, passport and banking information etc.). Your maiden name remains your legal name. This is the most common practice in Canada. If you want to change your legal name (which changes the name on your birth certificate), complete the Election to Change Surname form. If you do this within 90 days of getting married, there is no charge.

Problem is, I won't be able to get home to Canada for a visit to do this name change

I guess my real question is, how do I change my name? And what name should I use on my immigration forms (I-485, etc...)

Thanks again for the help!

[JordanP 0]

Sorry.. one more.. do I fill in the forms using my address here in the US (my husband & my house)? Or do I use my address from Canada (this would be my parent's address, where I lived in Canada)?

Use your U.S. address. This is where you live now and where you will receive your correspondence regarding your case.

P.S. I had my greencard appointment this morning and was approved Just had to share my good news!

[BULLWINKLE 3]

Use your U.S. address. This is where you live now and where you will receive your correspondence regarding your case.

P.S. I had my greencard appointment this morning and was approved Just had to share my good news!

CONGRATS JORDANP! That is such good news...

Thanks for the advice Filling out forms as I type...