Marriage after loved one Graduated

[xJae 0]

Hello. I hope this is the correct forum to place my questions in. If not, may a mod move this to an appropriate place?

I have been researching and seem to have come to a conclusion but would like other opinions/thoughts. (I am a US Citizen)

My girlfriend and I have agreed to get married but I would like to go through the 'old tradition' process and get her father's blessing and then propose to her. She was suppose to stay in school for another couple years but due to certain circumstances she was pushed to graduate earlier (within 3 months). She is from China on a student visa. I have read she can stay in the US for 60 days post graduation. I don't believe this leaves me with enough time to get her father's blessing and setup a wedding.

I believe the following is inevitable and would like concurrence from others or other suggestions?

She will have to travel back to China eventually (due to time constraint). I will have to file a K-1, I-130, I-485, and I-765 and wait for their approvals for her to come back to the states.

Does this also mean I have to get married within 60-90 days per K-1? Is there another way to get married without her having to travel back to China?

I may have additional questions that I may have not thought of but thank you for your time and feedback.

Edited February 27, 2013 by xJae

[akihon 129]

If she applies for post-grad Optional Practical Training to start on day 61 of her stay in the US after graduation, OPT allows her 90 days unemployment. That means the OPT will extend her stay in the US by 90 days on top of the 60 days, during which she is supposed to obtain a job to stay the full year.

You file for K-1 first. After she enters the US, and you are married within 90 days of her entry, then you file 130, 485, and 765. The K-1 will take about 8-9 months to get her back into the US.

There is a way to get married without her going back to China - marry her now and adjust her status (filing 130 485 and 765) within the USA.

Edited February 27, 2013 by akihon

[Harpa Timsah 13,261]

I will have to file a K-1, I-130, I-485, and I-765 and wait for their approvals for her to come back to the states.

No no, this is too many forms for too many things. Pick a path and stick to it.

You file for K-1 first. After she enters the US, and you are married within 90 days of her entry, then you file 130, 485, and 765. The K-1 will take about 8-9 months to get her back into the US.

No, a K-1 entrant does not file a I-130 to adjust status.

OP - to fit into your timeframe and go slow, then yes, she probably has to go back to China and you can pursue a K-1 fiance visa. Look at the guides up top. The first step is to submit a I-129F and related forms. After that is approved (4-6 months) then she can pursue a visa at the consulate and interview there. Then she comes to the US, you marry, then you file to make her a permanent resident.

I know there are a lot of forms but take it one step at a time and

[Done--Really 331]

I'm going to totally ignore the tradition you want to uphold as I answer.

The easiest, cleanest, no muss, no fuss approach is to marry her before she goes back to China--in fact, the sooner the better. That gives you two options:

1) If she does not need to return for several months post marrige, you can adjust status here, and she will have her green card in just a few months.

2) If she has to go back within a few months, then file for CR-1 visa immediately after the wedding, and she can go back at her leisure and stay there until the CR-1 process is complete and she is scheduled for an interview at the embassy.

I have to say that doing it all here to avoid the embassy interview is very attractive, but it might not fit into the tradition you want to uphold.

[xJae 0]

My apologies. Appears I had mixed up forms due to thinking too much. I-130 should be if we married and stayed in the US without her having to go back to China as akihon pointed out.

Thank you for your replies. Much appreciated.

Will discuss with my girlfriend about this.

[akihon 129]

My apologies. Appears I had mixed up forms due to thinking too much. I-130 should be if we married and stayed in the US without her having to go back to China as akihon pointed out.

Thank you for your replies. Much appreciated.

Will discuss with my girlfriend about this.

make sure to consider OPT. if she lands a job in the US after graduation, the OPT allows her to stay for up to a year after graduation, with a 17 month extension (I didn't extend so I am not very knowledgeable about the requirements for this). More than likely, her employer would have filed for H-1B for her, and it's all AOS from there

Otherwise, she can at least add 90 days to the 60 days after graduation that she's allowed.

Edited February 27, 2013 by akihon