work visa question ..please help

[fys 0]

Hello :-)

if My Fiancee is here in the U.S. on a work visa , and we want to get married , so is this possible , that we can do that and she can stay here in the U.S. ?? i have heard this happens all the time ...

and then we need to apply for adjustment of status ... while we are waiting for the AOS , and all tghe paper work ... can she stay with me here in the U.S. ?? or will she have to go back to her country ??

are there types of work visas that dont allow for this ??

thanks for all your help -

[Saddle Bronc 124]

Hello :-)

if My Fiancee is here in the U.S. on a work visa , and we want to get married , so is this possible , that we can do that and she can stay here in the U.S. ?? i have heard this happens all the time ...

Yes--it is relatively "straightforward" in fact; you get married in the US and then file I-485 packet rightaway.

and then we need to apply for adjustment of status ... while we are waiting for the AOS , and all tghe paper work ... can she stay with me here in the U.S. ?? or will she have to go back to her country ??

are there types of work visas that dont allow for this ??

thanks for all your help -

If you file AOS (I-485), it isn't a question of "can" she stay in US, she may HAVE to until she has AP in hand.

Some more info you didn't ask for, but get anyway. If the visa is non-dual-intent (such as TN-1/TH-2), then it is mandatory that full-packet (I-485/I-131/I-765) be filed, and holder NOT travel outside US until AP is in hand; for dual-intent-allowed visas (H-1b, O-1, ...), filing I-765/I-131 is optional (the visa can function both as work-permit and travel document--but renewals may be needed during the process).

[Harpa Timsah 13,258]

You need to file a CONCURRENT I-130/I-485 package, not just a I-485. The I-130 establishes that she is an immediate relative of yours. (That is the USCIS jargon - CONCURRENT).

Here is the guide

http://www.visajourney.com/content/i130guide2

Good luck! Congrats on your engagement!

[Stanley Hermosill 1]

There are actually quite a few forms in the I-485 packet but it is straight forward, visa journey provides a useful checklist in that link above. I'd recommend printing that out and double and triple checking that you've got everything in order.

[fys 0]

Yes--it is relatively "straightforward" in fact; you get married in the US and then file I-485 packet rightaway.

If you file AOS (I-485), it isn't a question of "can" she stay in US, she may HAVE to until she has AP in hand.

Some more info you didn't ask for, but get anyway. If the visa is non-dual-intent (such as TN-1/TH-2), then it is mandatory that full-packet (I-485/I-131/I-765) be filed, and holder NOT travel outside US until AP is in hand; for dual-intent-allowed visas (H-1b, O-1, ...), filing I-765/I-131 is optional (the visa can function both as work-permit and travel document--but renewals may be needed during the process).

thanks so much for your answer... i have another question... i hope you can help... my girlfriend/fiancee were friends, we met in Peru , while i was traveling there ... and sha has been staying with me and my family while she has been here on her work visa , is this a problem when we need to prove that her intent was not to marry me or immigrate when she got her visa... we were friends and "things just happened" and we fell in love and now we want to get married... i am wondering if this would be a problem when we apply for the adjustmnent of status i-485 - i130 etc... when we have the interview process .. she has been here for over 4 months now...

thanks :-)

[Darnell 8,478]

saddlebronc - for this type of AOS - it's the I-130 + the I-485 plus plus plus, all filed together.

[Saddle Bronc 124]

saddlebronc - for this type of AOS - it's the I-130 + the I-485 plus plus plus, all filed together.

Thanks for the correction.