Marrying someone on an F1 visa

[dochalladay32 0]

So I am a US citizen. My girlfriend and I have been together for nearly 5 years. She is currently out of state working on graduate school after we went together for undergrad. From searching the internet, it is hard to find a good outline of what exactly has to happen and when for this process.

We have no timeline for when she is finishing yet, but the scenarios probably are...

a) She finishes the master's and doesn't go any further.

b) She keeps going for the doctorate and finishes.

c) She decides to withdraw at some point in between.

My question is, what sort of timing and leeway do we have to actually get married. I'm assuming we just have to have a marriage license and then we can go from there? How much time would we have after graduating to move her here where I work and us get married, or is it something we should do ahead of time, say, before her last semester starts? Is that a bigger mess? Or is the government going to think we are trying to pull marriage fraud by getting married, then still living 700 miles away for 6 months? If she were to withdraw, does that give us even less time?

Then, if all we have to do is have a marriage license, what's the time line after that for more paperwork? If we are able to wait until after graduation, we'd be in the same place at least. What are the key things that have to be done? Is she still technically on F1 and we have to have a change of status? Or if she graduated and is done, is that not not necessary?

Sorry for all the questions, but every situation is different and I haven't seemed to be able to find a good of list of key steps of what to do. I've never even been married to a US citizen let alone married to a student here on a visa, so just not sure on what has to happen.

[Darnell 8,478]

stuff as I know it:

1. you two can marry any time.

2. you can file for the big adjustment of status package (we've a guide for that here) whilst she is still here on F-1 status - it doesn't hurt her F1 status at all.

3. Once she gets the greencard - she goes into her school and talks with the DSO there - and changes her residency status at the registrar's office.

[Boiler 45,655]

You did not mention OPT.

[dochalladay32 0]

Ok, so we talked last night. She is still currently in school and does not have an OPT, which is what I thought. She is looking into working while going to school here soon, but I'm not sure how that affects it. Would that possibly give us more time? We're still a good 1-3 years out here. I've heard some people reccommend a lawyer, but having worked in the government, I think I can sort out the ins and outs of their requirements... as long as I'm aware of what they are.

Good to hear on the marrying at any time. That's what I thought. Just wasn't sure on the whole process after that. Thanks for mentioning the guide. I'll bookmark it.

The thing is, this would be at the end of her time in school. She wouldn't have her greencard before graduation. I guess at that point, the F1 just expires and we go from there, and don't have to worry about it?

[Darnell 8,478]

ya - she will have unlawful presence after -

but when the aos is filed - a new period of lawful presence starts (still she cannot work)

and when the greencard is issued - she can work. prior - between filing and gc issuance - if file for ead (fee waved when filing the I-485) then she can work on that EAD easily.

This is why I suggested to file before the F-1 expires - as she not have any gap of non-working time - but - if you map out a calendar AROUND her graduation date - you can see when the best time to file the AOS will be.

Or simply file it 2 weeks after marriage whist she's still in F-1 status.

Many options - many variables - several different possibilities whilst waiting for the green card to arrive - so

MAP IT OUT ! make some if/then/else constructs - draw some VENN diagrams - all round that calendar ! SEE YOUR OPTIONS !!!

Go Get Em -- and Good Luck !