Japan origin, on F-1 visa currently, want to get married. Please help. (Newbie)

[AlohaMahalo 0]

Hey everyone. This is my first time on the forums. I would sincerely appreciate any knowledge that you all have on the subject.

So my girlfriend of approx. 3 years is from Japan. She has been on an F-1 visa, or student visa, in the state of Hawaii for the past 3 years. She completed her education after 2 years and has spent the last year working for a travel agency on an internship.

Her visa will expire June 30th, 2015. She has never mentioned a grace period to me...but has said that after her visa ends, she could have a "sight-seeing visa" which would be for 2 months, and then after that she will be forced to go back to Japan.

Of course, we want to get married...but I have yet to propose. I am certainly expecting that she will say yes...and so I am trying to do research so I know what were getting into without ruining the surprise. Also - there are financial concerns...meaning I can't afford a wedding/ring at the moment despite my intentions.

With all this being said - I'm asking for your advice on which visa and route to go?

My Goal - To be able to keep her here in Hawaii with me at all costs. I don't want her to go back to Japan even for 6-8 months like I've read that the process takes...is this possible?

The 2 options that I THINK we have:

1 - Fiance visa - So I propose, but we have her file for a K-1 visa and we don't rush the marriage planning, etc...I understand that these visas last for 1 year? This would give us 1 year to prepare for the wedding, etc...but then I'm worried we will be going through all of this process all over again!? She'll need to get a NEW visa AFTER the K-1 expires...and potentially STILL have to be sent back to Japan, right? Again...I want to avoid this if possible.

2 - Immigrant visa - So I propose...and instead of gettin engaged and going through all the lengthy process (only to possibly go through another lengthy process?) we go get married immediately. Now as I said - I don't have the finances to give her the wedding/ring she deserves yet...so this would mean we would be getting married at the courthouse??? I know people usually sign all those papers the DAY OF the wedding...but couldn't we go through the LEGAL process of marriage and just hold off on the ceremony, etc.?

All of this is pretty intimidating to me...and there are so many forms and stuff. I would appreciate any advice you guys can give.

Aloha, and Mahalo.

[NikLR 13,220]

If she is currently in the USA you can get married and adjust her status. This way she doesn't have to leave at all. Even if it's not the wedding of her dreams, you can plan another ceremony for a later date where family and friends can be there Etc...

[Shauneg 762]

The at all costs way is to go to the courthouse and get married. She can then adjust her status and you can plan a ceremony later for friends or family. The K-1 would require her to go home as that is a visa that allows someone into the country for 90 days to get married.

If her staying here is more important than anything, go have a courthouse wedding.

Once you decide which is best for you, come back on here and there are many people who will help you through everything.

There are other options, but nothing really worth mentioning here for you.

Edited April 9, 2015 by Shauneg

[AlohaMahalo 0]

OMG I've been under the impression you could get a K-1 for 1 year...

Thank you for clarifying that.

So...if we did the courthouse marriage, can you guys elaborate on "change her status?" I'm not sure what that means. Is it a lengthy process?

And then the even more important question - what comes after? Is there more to it than that? e.g. Green card, etc.? This is definitely not our priority, but when we have children that is obviously going to be essential at that point.

Again, appreciate all that you guys can offer. Aloha

[NikLR 13,220]

She would get a green card and have legal status in the USA.

Follow this guide: http://www.visajourney.com/content/i130guide2

A k1 visa takes from 4-12 months to obtain and she would HAVE to do a medical and interview in Japan. You then have 90 days to get married.

[Shauneg 762]

OMG I've been under the impression you could get a K-1 for 1 year...

Thank you for clarifying that.

So...if we did the courthouse marriage, can you guys elaborate on "change her status?" I'm not sure what that means. Is it a lengthy process?

And then the even more important question - what comes after? Is there more to it than that? e.g. Green card, etc.? This is definitely not our priority, but when we have children that is obviously going to be essential at that point.

Again, appreciate all that you guys can offer. Aloha

The adjusting of status after a courthouse marriage will enable here to legally live here. The adjust of status gives her a green card and can get a work permit if she applies for that also.. The process is typically 3-4 months after filing...which obviously must be done after marriage. This is your at all costs option. Any other way and she would have to return home.

If you two got married in the next week it's concievable that she could have her SSN, Green card and work permit by mid to late July.....

Edited April 9, 2015 by Shauneg

[AlohaMahalo 0]

What!? I don't understand...i thought a green card takes YEARS to get? Even with marriage?

The green card isn't really the concern though...I mean doesn't that only matter if her and I were to (god forbid) divorce one day?

She currently has a SSN from my understanding...because she has been working this internship for a year. I believe it was a temporary one though?

The work permit and SSN are important though, because I'll be taking the financial burdens of all of this...and it would be great for her to be able to get back to work ASAP.

Thanks Shauneg!

[Shauneg 762]

What!? I don't understand...i thought a green card takes YEARS to get? Even with marriage?

The green card isn't really the concern though...I mean doesn't that only matter if her and I were to (god forbid) divorce one day?

She currently has a SSN from my understanding...because she has been working this internship for a year. I believe it was a temporary one though?

The work permit and SSN are important though, because I'll be taking the financial burdens of all of this...and it would be great for her to be able to get back to work ASAP.

Thanks Shauneg!

Nope not is you do it as described it doesn't take years. The green card is her proof of legal residence so she would need and get it after you marry and adjust. The SSN may be "temporary" because she's on a work visa, but if she stays and you marry she'll get a permanent card with the sane number. You are really at an advantage here as far as processing times in your current situation.

Edited April 9, 2015 by Shauneg

[NikLR 13,220]

What!? I don't understand...i thought a green card takes YEARS to get? Even with marriage?

The green card isn't really the concern though...I mean doesn't that only matter if her and I were to (god forbid) divorce one day?

She currently has a SSN from my understanding...because she has been working this internship for a year. I believe it was a temporary one though?

The work permit and SSN are important though, because I'll be taking the financial burdens of all of this...and it would be great for her to be able to get back to work ASAP.

Thanks Shauneg!

No, a green card does not take years. Even through consular processing (CR1/IR1) it takes about a year total. A K1 visa takes 4-10 months, then you have 90 days to marry, then you adjust your status which takes 6 months to a year (sometimes more or less...) A green card gives her legal permanent resident status. It is what allows her to be legally in the country without another type of visa (like her F1.) If you want to stay together, she needs a green card or another type of visa. She can adjust her status if you are married from F1 to LPR. A green card will be conditional to start, and then you remove the conditions after 2 years.

The only thing that affects you if you two divorce is the I-864. The requirements end if she works 40 works quarters (about 10 years of full time work), leaves the country permanently (gives up her green card), dies, or becomes a citizen. She can become a citizen after being an LPR and married to her petitioner after 3 years, or on her own after being an LPR after 5 years.

She may have an SSN right now but she would need work authorization to work which takes about 90 days to get after applying for the AOS. An SSN is never temporary. You only get one.

[Shauneg 762]

Assuming you do the court house thing, here is what you need to be prepared to do afterwards.....

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

It will apply to your case. Like I said before tons of people on here have done and are doing just the same as you and are willing to help...just be sure to fill in your timeline as you go so that people with the most experience can help where they can.

[AlohaMahalo 0]

You guys are awesome...really. Thank you so much. I'll be in touch when I have more.

[GurkenSalat 48]

Get married, she can adjust, but you mentioned not having finances for a ring - that is no problem in itself, but if you apply for a green card, you will have to prove you can support her at 125% of poverty level. And the application itself is over $1000. Just something to keep in mind. Cheaper than K-1 though

[raven52 233]

She does not have to leave, since she came here on a (I think) student visa, get married, and file the I-485, which is the AOS Adjustment of Status.

It takes about 60 days to get her EAD/AP card, which is work permit, and travel permit. But I would wait until her 2 year Green Card comes after about 5 months, then 90 days before her 2 year green card expires, you file for ROC, Removal of Conditions.

But, first things first, marry and file the I-485.,.,.then come back here and we can chat some more!

You are one "lucky dude" not to have to go through that K-1 visa fiasco.,.,.,.,

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[AlohaMahalo 0]

Hey guys.

So we went to talk to a lawyer the other day. He was trying to charge us $3,000 to do our green card application and $1,500 for fees that we will pay I guess (doesn't everyone have to pay the $1,500?

He made it sound like it was a very complicated process. He was showing us massive folders containing a ton of documents that he builds for people. He said we could make one simple mistake and the process could be pushed back 6 months. Is he trying to rip us off?

Can we do it all ourselves comfortably? Should we worry? You guys all made it sound rather easy the last time I was here.

To be clear - we haven't gotten married yet. We want to know how this process is all going to play out before we do that. From what I understand though...we get married at the courthouse, (fairly simple process?), then she fills out a I-485 (adjustment of status) ....

So at what point do I fill out a I-130? What point do we put together a green card application? What does it need to consist of in order to avoid any problems?

--------------------------------------

I am possibly going to take an internship this summer that would require me to move to Chicago (across the pacific ocean and then some) ....I'm worried about the process not being done before I leave (mid June)....and isn't there an interview I need to be there for? I'm worried there will be a requirement for me to be IN HAWAII during this time that I'm gone....

Any help would be greatly appreciated. This is all very stressful on us. The only people we've gone to for help want to take all our money. Also the lawyer said I will need to provide my taxes history. I didn't file for 2014 yet. Is this going to be a problem? Will I need all this documents IMMEDIATELY? Or can this all wait for the interview?

Aloha

Edited May 7, 2015 by AlohaMahalo