Newbie! Need help with F1 visa-holding wife

[cgman 0]

Hello!

I need help figuring out which documents to file and how to go about doing it. I have read all instructions at USCIS but started the paperwork however I'm hesitating if I'm doing it right.

A little background: My dear love came here on a student visa (first as a high school exchange student) later as a college student (back in 2005). We met shortly after, fell in love and lived together ever since (coming up 5 years). This past February we were married in Los Angeles! She has until summer, then school is over so I hurried and got all the paperwork together. From what I gathered - we had to fill out an I-130, I-485, Affidavit of Support and all supporting documents for each form. From what I understood, I could send all of this together to the Chicago Lockbox.

Question: Did I fill out the proper forms? (sorry if this sounds stupid but the immigration process is very confusing to me and I have nobody to help me!)

Please tell me I'm on the right track! (I am young -24 and have nobody to help me with these things)

Thanks,

Gene

Edited March 26, 2011 by cgman

[canadian_wife 1,791]

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

Follow the guide posted above. Yes you are on the right track. File as soon as you can

Your wife can file for OPT if you like as well, she should speak to her DSO about that if you are interested

Good luck

[cgman 0]

thanks! Do you think I should consult a lawyer to make sure my paperwork is done correctly and I didn't miss anything? Do they even do that kinda thing or just try to charge me a fortune?

[Little_My 463]

I'm AOSing from an F1 visa, got married to my USC husband few weeks ago and have submitted our AOS package. I personally don't think you need a lawyer for the process at all, if there aren't any complicating circumstances related to your case - and it doesn't seem as though there is. It is pretty straight forward, and my opinion is that a lawyer would be waste of money. You can totally do it yourself, you just need to spend some time going over the form instructions and guides here to make sure you have everything filled out, and that you've filled it out correctly, and you'll be all set to go.

You are definitely on the right track. The two main forms are the I-130 which you fill out, and the I-485 for your wife. In addition to those, you might need the I-131 which is for a travel document, the I-765 which is for EAD (employment authorization), and the I-864 for the affidavit of support. You will also need the medical form I-693 that goes with the I-485, which will be filled out by a civil surgeon when your wife goes to get her medical check done.

The I-131 you'll need if you think there might be a chance that she has to travel abroad while the petition is still pending. She cannot leave and re-enter the country without the AP (advance parole), if her GC has not been issued yet. The I-765 for the EAD you'll need if you think she might want to be able to start working before her GC is approved. I personally think it's always good to file those out with the petition, since when filed concurrently, they don't cost anything extra and are fast and easy to fill out.

Just make sure you read each question in each form carefully, sign them all (and sign on the right line..), and have all the supportive documentation that is needed - G325 for both of you (two for her, one for you), right number of passport photos, her birth certificate (and translation if original is not in English) and all the rest that is required.

For the OPT, it will need to be either or. She cannot apply for both OPT and AOS simultaneously. I think in your situation it will make more sense to just do the AOS now, in stead of wasting money and time on the OPT. That would only buy her an extra year, and she would have to be sure she could get hired by someone within the 60 (or maybe 90, I'm not sure what the requirement is now) days that she has from when OPT is approved to find a job.

You should be posting on the AOS from tourist, work, student visa forum - you are AOSing from her F1, not family based visa. You'll find more information and advice there!

Good luck - it is really not quite as hard as it seems on first glance And congrats on the marriage!

[amykathleen2005 441]

Moving to:

***AOS Work, Student, Visitor-as your wife is an F1***