F-1 Student marrying U.S citizen

[VanessaTony 3,567]

So with a court house wedding, you are offically married have the benifits of being married. This is a good suggestion, have the wedding she's always wanted after we graduate. The biggest hurdle it seems is the sponser! im from a family who are all in full time work and so is she, we just dont have big sums of money in savings, is this what they are looking for?

You can have a joint sponsor to help with the financial requirements. The sponsor must be a USC or US LPR. They can be family or friends. If you live with them then their income can be combined with yours using an I-864A. If they live apart from you they must earn enough to support their household plus the immigrant.

For instance, if you ask your mum (assuming she's a USC or LPR) and in the house it's her and your dad and she has no dependants under 18 (doesn't matter if they live in the house or not) she will need to earn enough to support her and her husband PLUS the immigrant so household of 3. The income requirements are assessed at 125% of the poverty guidelines. See here: http://www.uscis.gov/files/form/i-864p.pdf

So if you can find someone to sponsor the immigrant then you can file for AOS

You have a current F1 status so your status is fine as long as you keep studying and keep your visa current. You can get married and it won't affect your F1 status. When you AOS your status changed to an LPR. This will help your school fees (if you're paying the foreign student fees now) and you'll be able to work as well. It will all be okay

[Little_My 464]

You didn't say when you are about to graduate, but I see two main options for you if you want to remain in the US at least for now with your girlfriend/soon-to-be-fiance:

1. Apply for OPT (optional practical training) which will buy you an extra year to figure out what you two want to do and how you want to go about getting you permanent resident status. You apply for OPT during your last semester of studies, and it basically allows you to remain in the US for an additional 12 months from the date OPT is approved and work in the field you graduated from. You are free to work wherever, as much as you want, and make as much as your employer wants to pay you - as long as the position is in the field that you studied. If you go the OPT route, I would suggest talking to the international student advisers at your university and ask them if they think getting married to a USC before applying for OPT would possibly effect the process. I doubt it would, but technically OPT requires extending your current F1 status, which carries the whole non-immigrant intent -requirement. I did not apply for OPT myself, so I am not sure if any of the forms ask about immediate family members who are US citizens, but you might want to look into that first.

2. You get married in the US, and file for AOS from F1 to legal permanent resident. As others have pointed out, the process does require some money - the cost of filing for me came to around $2,000 with the filing fees, medical fees etc. and then there is the income requirement. Like Harpa pointed out, you do not have to be rich to be able to sponsor someone. 125% of the poverty line is not a huge amount of money, so if her family is middle class, I doubt there would be a problem there. She will be your main sponsor, but you can add her parents, or any US citizen / LPR as a co-sponsor to fulfill the income requirement. Getting the GC takes on average 4-6 months from when the application was received, and you can apply for a temporary employment authorization which will allow you to start working while your GC application is pending.

Take your time to read through the guides here on VJ to get a good idea of the process. VJ is a great source of information and experience, and you can easily do it yourselves without a lawyer. Ask around about OPT and look into that as well - if you are not sure if now is the best time to start the GC application process, that might be a good way to buy some time. However, the OPT application also costs something (I think around $400, but I might be totally wrong..) so if you apply for OPT now, and then in a few months start the AOS process, it can be a bit of a waste of time and money in regards to the OPT.

[Little_My 464]

I just responded to the other thread you posted in the student visa forum, and now noticed you posted here as well..

So, scratch the OPT thing I mentioned in the previous post, since you are not close to graduating.

Getting married under your F1 status is not a violation of the visa. It would have been a violation to originally apply for it with the intent to marry a US citizen and file for adjustment of status once you got to the country, but since at the time of applying for the F1 you had no intent to become a permanent resident, you are just fine. It is all about the intent at the time of applying for the visa and entering the US under that non-immigrant visa - if things happen and situations change once you are already here, that is just normal life. So don't worry about that part.

In terms of being able to work more, the F1 is restrictive and there are not too many ways to get around that. If you are looking for a way to be able to work more, then being a green card holder would allow that - but, at the same time, I would not advice anyone to rush into marriage only for that reason. If you two really want to get married now and feel like it's the right time for that, then go for it - but if it is mainly to allow you to work more, then I personally would try to maybe look into other options first. Just my opinion - not that you asked for it

You are fine to marry and file for AOS. It will still take 60-90 days from when you file to get the temporary employment authorization which will allow you to work more, and getting the paperwork together, medical done, etc. can take several weeks too, so keep that in mind.

Edited May 7, 2011 by Little_My

[Don shikari 0]

Don - you don't need huge sums of money. Your wife needs to make 125% of the poverty line per year, which for two people is $18,212. You can also add your income to hers, if it will continue after you get your GC, to equal the $18,212. Or, if that still doesn't add up, then you can ask a relative to help you out - they would have to qualify on their own merits, for their household size plus you. This is the same for all intending immigrants - you need to show that you will not become a burden on our welfare system.

If your relatives are middle class as you say, you should be fine... you just need to make a bit over the poverty line - not huge sums of money. The co-sponsor can be a USC OR a LPR. Read the guides up top for Adjustment of Status in the USA.

I just wanted to say im getting some great advise i apprciate your reply's. We are both full time students, and we both work around the same hours because thats all im allowed to fit in and thats all she can fit it others wise its too hard on her studies, which is about 20 hours per week on minimum wage. So as you can see there is no way she can show 18,000 a yr, but her family will step in im sure, like i say they have average jobs with average income, but they support four of there own children already. The thing is we dont ask for support now, and we wont in the future, we are both in school, and we both work and support ourselfs fine, we dont need welfare and we wont when we are marrierd, i just with the authroties would see this and this whole haveing a sponser showing 18,000+ a year, isnt needed because we are happy and fine, we just want to be married and for me to have other job oppitunities then minimum wage on campus job's. Also the out of state tution wavier would help a lot.I was told that my relatives cannot be sponser's or nothing to do with this, just her and her relatives?

[Don shikari 0]

You didn't say when you are about to graduate, but I see two main options for you if you want to remain in the US at least for now with your girlfriend/soon-to-be-fiance:

1. Apply for OPT (optional practical training) which will buy you an extra year to figure out what you two want to do and how you want to go about getting you permanent resident status. You apply for OPT during your last semester of studies, and it basically allows you to remain in the US for an additional 12 months from the date OPT is approved and work in the field you graduated from. You are free to work wherever, as much as you want, and make as much as your employer wants to pay you - as long as the position is in the field that you studied. If you go the OPT route, I would suggest talking to the international student advisers at your university and ask them if they think getting married to a USC before applying for OPT would possibly effect the process. I doubt it would, but technically OPT requires extending your current F1 status, which carries the whole non-immigrant intent -requirement. I did not apply for OPT myself, so I am not sure if any of the forms ask about immediate family members who are US citizens, but you might want to look into that first.

2. You get married in the US, and file for AOS from F1 to legal permanent resident. As others have pointed out, the process does require some money - the cost of filing for me came to around $2,000 with the filing fees, medical fees etc. and then there is the income requirement. Like Harpa pointed out, you do not have to be rich to be able to sponsor someone. 125% of the poverty line is not a huge amount of money, so if her family is middle class, I doubt there would be a problem there. She will be your main sponsor, but you can add her parents, or any US citizen / LPR as a co-sponsor to fulfill the income requirement. Getting the GC takes on average 4-6 months from when the application was received, and you can apply for a temporary employment authorization which will allow you to start working while your GC application is pending.

Take your time to read through the guides here on VJ to get a good idea of the process. VJ is a great source of information and experience, and you can easily do it yourselves without a lawyer. Ask around about OPT and look into that as well - if you are not sure if now is the best time to start the GC application process, that might be a good way to buy some time. However, the OPT application also costs something (I think around $400, but I might be totally wrong..) so if you apply for OPT now, and then in a few months start the AOS process, it can be a bit of a waste of time and money in regards to the OPT.

We've just graduated with our asociates, moving to our new school to work on our bachelor's. So remaining in the U.S isnt the issue. We just want to be married and have that commitment, live the life we live now, we cope just fine, we live in our own house, pay our bills, cost of living and working on building a better life. We dont depend on anyone, and we wont while we go through school or after that, i just want to be able to work a different job apart from a minimum wage on capus job, expensive out-of-state fees. Thank you for your great feeedback.

[Nich-Nick 3,353]

My concerns our violating my F-1 status.

Being able to work off campus as hours our limited on.

the whole sponser thing, we are students, adn our families have limited resources.

What order should everything be done.

Thank you

You can get engaged as an F1 student. You just have to maintain your f1 visa terms--stay enrolled full time, file address changes, maintain a valid passport, maybe something about reporting your faculty supervisor if it changes, not working except as allowed.

When you are ready to marry, courthouse or formal wedding, just get married. Then you are eligible to adjust status (AOS) from F1 to permanent resident. You can file for work authorization at the same time (no additional fee). When you get that or your greencard, you are no longer an F1 and can work anywhere, any number of hours. You will inform your university that you have a different status when you get the greencard in hand. It would be best to marry and file for AOS well before your F1 expires. It would look more suspicious if you suddenly married the week you were suppose to leave the country because your status was up. They might think you suddenly got married to stay in the country.

Here's the poverty guidelines for what you would need in income. You + wife = $18,387 Poverty guidelines

Here's an explanation of financial support How Do I fFnancially Support...

I think your income can be used if you can show it will continue after your immigration (which means after you get the greencard in your case.) You would need letters from your university job saying you are working legally on campus according to the terms of an F-1 student and your job will continue while you are a student. And the amount you make needs to be stated. If you have US tax returns, you will need copies of those.

[Harpa Timsah 13,258]

I am sure you are a really lovely person, but the US Government won't take your word that you won't go on welfare. Look into finding a co-sponsor, it can be anyone that lives in the US and is either a citizen or Permanent Resident. It can be a friend, aunt, anyone. Look into the requirements for the I-864 and make a list. There is no way around this requirement, though assets can be used. DIdn't you have to have funds to go to school internationally?

[Don shikari 0]

I just responded to the other thread you posted in the student visa forum, and now noticed you posted here as well..

So, scratch the OPT thing I mentioned in the previous post, since you are not close to graduating.

Getting married under your F1 status is not a violation of the visa. It would have been a violation to originally apply for it with the intent to marry a US citizen and file for adjustment of status once you got to the country, but since at the time of applying for the F1 you had no intent to become a permanent resident, you are just fine. It is all about the intent at the time of applying for the visa and entering the US under that non-immigrant visa - if things happen and situations change once you are already here, that is just normal life. So don't worry about that part.

In terms of being able to work more, the F1 is restrictive and there are not too many ways to get around that. If you are looking for a way to be able to work more, then being a green card holder would allow that - but, at the same time, I would not advice anyone to rush into marriage only for that reason. If you two really want to get married now and feel like it's the right time for that, then go for it - but if it is mainly to allow you to work more, then I personally would try to maybe look into other options first. Just my opinion - not that you asked for it

You are fine to marry and file for AOS. It will still take 60-90 days from when you file to get the temporary employment authorization which will allow you to work more, and getting the paperwork together, medical done, etc. can take several weeks too, so keep that in mind.

[Little_My 464]

*MODs, this thread could be merged to the other one in the correct AOS from tourist, student and work visa forum

Your family cannot be a sponsor, unless you have a family member who lives in the US as a legal permanent resident. It has to be a person who is a USC or an LPR here. Beyond that, as has been pointed out, it can be pretty much anyone. If what you are saying is correct, i.e. you are managing fine with what you make and will not need anyone's assistance, then you will just continue doing exactly what you are doing now - but in order for you to get the green card, someone will have to make the commitment of becoming your sponsor IN CASE you were in need of financial support at some point in your life while you are a greencard holder in the US. Like Harpa said, there is no way around this - so, if you are really planning to begin the process, then you should start talking to your girlfriend's family now about this, go over the paperwork, see what the requirements are and start gathering all the paperwork together. This process is not very individualized - there are forms to fill out, guidelines and rules to follow, and burden of proof is always on the applicant. That is just how it is. The best way to make sure the process goes as smoothly as possible is to read everything once, then twice, then for the third time - ask questions whenever you are unsure of something - make sure to fill everything correctly, provide all the supportive documentation required, and not try to fight the process too much. It's a big big machine that handles this process, and there is not that much an individual person can do to affect how that machine works. Better to just work with it.

[Don shikari 0]

I just responded to the other thread you posted in the student visa forum, and now noticed you posted here as well..

So, scratch the OPT thing I mentioned in the previous post, since you are not close to graduating.

Getting married under your F1 status is not a violation of the visa. It would have been a violation to originally apply for it with the intent to marry a US citizen and file for adjustment of status once you got to the country, but since at the time of applying for the F1 you had no intent to become a permanent resident, you are just fine. It is all about the intent at the time of applying for the visa and entering the US under that non-immigrant visa - if things happen and situations change once you are already here, that is just normal life. So don't worry about that part.

In terms of being able to work more, the F1 is restrictive and there are not too many ways to get around that. If you are looking for a way to be able to work more, then being a green card holder would allow that - but, at the same time, I would not advice anyone to rush into marriage only for that reason. If you two really want to get married now and feel like it's the right time for that, then go for it - but if it is mainly to allow you to work more, then I personally would try to maybe look into other options first. Just my opinion - not that you asked for it

You are fine to marry and file for AOS. It will still take 60-90 days from when you file to get the temporary employment authorization which will allow you to work more, and getting the paperwork together, medical done, etc. can take several weeks too, so keep that in mind.

Hey, i just wrote a long reply to this post but i seem to have lost it. i will try recap what it said. I am not trying to marry so i can find a better job, i already work too many hours for a full time student playig a sport citezen or not, We cope with what we earn and what we have to pay out for bills, we planned on geting married in 2 years after we obtain our bachelor's, but we've decided after living together for a year(against her parents will, as they thought we should be married first, but i believe living together you learn so much about each other and yourselfs its important to experience that first)we are ready for that commitment, and it would bring along finacial benifits, so instead of just coping we can be comfotable.

[Little_My 464]

Pick a forum and stick with one It will be less confusing to you. Since you are planning to AOS, the AOS from tourist, work and student visa is the correct forum to post in.

[Little_My 464]

In that case, you

1) get married

2) assemble the package for filing I-130 and I-485 concurrently (including the financial affidavit form - no way around that)

3) submit the package

From that, it will usually take 60-90 days to get the EAD which will allow you to start working more, and 4-6 months for the interview in which your application will be approved or denied. If approved, you become a greencard holder, and can work as you please, as much as you want, where you want. Start reading the guide for submitting I-130 and I-485 concurrently here on VJ, it will give you pretty much all the information and details you need about the process - and if everything is unclear, just ask a question here and plenty of people will be able to help!

[Don shikari 0]

I am sure you are a really lovely person, but the US Government won't take your word that you won't go on welfare. Look into finding a co-sponsor, it can be anyone that lives in the US and is either a citizen or Permanent Resident. It can be a friend, aunt, anyone. Look into the requirements for the I-864 and make a list. There is no way around this requirement, though assets can be used. DIdn't you have to have funds to go to school internationally?

I no they wont, but surely i have proof ive supported myself, i have leases and pay slips, bills ect,i no thats not the way, so anyway i guess my major concern is if her family fails to make the mark on what they need to earn, we cant get married and thats the end of that, wheather its now or in 2 years in todays economy her families financial situation wont change that much. Dont get me wrong, im makeing them sound like they live in poverty, i dont mean to do that, they just have there own children to look after thats all im pointing across. I was offerd a full ride at college, so i didnt need to show that much funds, between my family we clubbed together to make the mark, but in this situation my side of the family canot help.

[LIFE'SJOURNEY 970]

WHAT WILL HAPPEN TO YOUR SCHOLARSHIP IF YOU MARRY? Will you be able to afford the tuition for school if your scholarship is revoked. Make sure you check into all aspect of your school finance situation before you make a decision you may regret.

Edited May 7, 2011 by LIFE'SJOURNEY

[Don shikari 0]

*MODs, this thread could be merged to the other one in the correct AOS from tourist, student and work visa forum

Your family cannot be a sponsor, unless you have a family member who lives in the US as a legal permanent resident. It has to be a person who is a USC or an LPR here. Beyond that, as has been pointed out, it can be pretty much anyone. If what you are saying is correct, i.e. you are managing fine with what you make and will not need anyone's assistance, then you will just continue doing exactly what you are doing now - but in order for you to get the green card, someone will have to make the commitment of becoming your sponsor IN CASE you were in need of financial support at some point in your life while you are a greencard holder in the US. Like Harpa said, there is no way around this - so, if you are really planning to begin the process, then you should start talking to your girlfriend's family now about this, go over the paperwork, see what the requirements are and start gathering all the paperwork together. This process is not very individualized - there are forms to fill out, guidelines and rules to follow, and burden of proof is always on the applicant. That is just how it is. The best way to make sure the process goes as smoothly as possible is to read everything once, then twice, then for the third time - ask questions whenever you are unsure of something - make sure to fill everything correctly, provide all the supportive documentation required, and not try to fight the process too much. It's a big big machine that handles this process, and there is not that much an individual person can do to affect how that machine works. Better to just work with it.

I do not have a family member who lives here, everyone is back home. i ponted out above that my major concern is that her family doesnt make that mark of whats needed. We will meet with her family next week, after mothers day of course and discuss our options. Your right what you say about the machine, but if that machine rejects us for whatever reason its nothing to them, to me and katie its our lives and future. youve been great btw thanks.