Fiance is on F-1 Student Visa and we are getting married in August

[Rev56 0]

My fiance is on an F-1 Student Visa, and has been in the US for about 5 years. We've been together for 2 and a half years, and are getting married in August. We would be looking to file for Adjustment of Status and her Green Card right away. I have read the guidance document, but had a few questions....

What can we get done before the wedding? I know we have to actually be married to file the I-130, etc., but can we have all the supporting documentation already in place? The affadavits to prove our marriage is legit, do those have to be signed and dated after the wedding? I guess I'm just trying to have everything ready and waiting so she can get her Green Card ASAP.

Thanks for the advice!

[Harpa Timsah 13,258]

You can get everything ready before the marriage. Also, you can do the medical before the marriage.

[Rev56 0]

Also, what is my fiance's status after we apply for AOS and GC? Is she still oficially on F-1?

[Little_My 463]

Technically no. Once you have filed for AOS, she will no longer be under F1 status, but will enter a new period of authorized stay which will be in effect until you have a decision on your AOS. In prctice this doesn't really change much - she an continue going to school as normal, but she won't be bound by the F1 rules of maintaining full time status, for example. Personally I never think it is a good idea to totally ditch the F1 status after filing for AOS by, for example, dropping out of school entirely, as in that case the beneficiary would not have a valid F1 status to fall back on should the AOS be denied for whatever reason - but on the other hand, I am not sure if a person who applied for AOS from F1 could revert to the F1 status in any case, even if he/she had followed the F1 regulations while AOS was pending, should the AOS be denied.

So basically - no, she is not F1, but she is authorized to be here while AOS is pending.

[Rev56 0]

What happens if we get denied? Does anyone who is completely legit ever really get denied? I mean, we've had a traditional year long engagement, will have been together for almost 3 years at the time of marriage, are having a big, expensive reception, and have many US citizens who will back us up. I'm still nervous though. I don't know what I'd do if she got sent back to Brazil, probably jump off a bridge...

[Harpa Timsah 13,258]

She won't be denied if you are legit and she is not inadmissible in any other way - ie a criminal. So, relax. The whole family immigration code is written to keep families together. I want to add to the above, that once her AOS is submitted, she won't be able to travel internationally without her Advance Parole (travel permission) approved and in hand.

[Rev56 0]

Thanks for the help, much appreciated!

[Rev56 0]

Another question that I was thinking about...

Does she have to be taking classes while we wait for the AOS to process? We're getting married about a week or two before she would have to go back to class. To be honest, it would save us alot of money, since once she gets her GC, we would be eligible for in-state tuition, right? Could she also work during this time?

Would it look suspicious that she stopped attending class right after we got married, given she is AOS'ing from F-1?

Edited March 28, 2012 by Rev56

[pasportit 7]

She should talk to her international adviser at school, and they can give her options about F-1 visa. If you apply for AOS before the semester starts, then she doesn't has to be a full-time student. So if you can apply immediately after the wedding, she will be here legally.

[Little_My 463]

She won't necessarily be eligible for in-state tuition rates just because she becomes a permanent resident. Many states require a person to reside within the state for a certain period of time (a year or two usually) before they can qualify for in-state rates, so that is something you would have to check with her university.

Once AOS is filed, she is no longer under F1 status and therefore no longer bound by F1 rules - so no, she does not have to keep attending classes if she does not want to.