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savedNblessed

Student Visa and marriage to a U.S. citizen

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Hello,

A friend of mine is here in the U.S. on a student visa. She would like to get married to a guy, who is a U.S. citizen. Her student visa expires in October 2019.

1) What steps does she need to take after she gets married to stay in the U.S.?

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Thank you for your assistance in advance!!

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Posted (edited)
9 minutes ago, savedNblessed said:

Hello,

A friend of mine is here in the U.S. on a student visa. She would like to get married to a guy, who is a U.S. citizen. Her student visa expires in October 2019.

1) What steps does she need to take after she gets married to stay in the U.S.?

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Thank you for your assistance in advance!!

~Moved to Adjustment of Status Case Filing and Progress Reports as OP s asking about AOS'ing from a student visa~

 

She will have to file for AOS before her student visa expired so she could be in a legal status under a pending I-485. If her student visa expires and she isn't in pending AOS then she is out of status and could be removed from the US. Marriage alone means nothing. There is a current thread right now about someone not filing for AOS (from a K-1 mind you, but same circumstances could apply) and ended up in jail and deportation hearings. Remaining in a legal status is no joke.

 

 

https://www.visajourney.com/content/i130guide2  Follow the guide.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif     giphy.gif

 

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9 minutes ago, savedNblessed said:

Hello,

A friend of mine is here in the U.S. on a student visa. She would like to get married to a guy, who is a U.S. citizen. Her student visa expires in October 2019.

1) What steps does she need to take after she gets married to stay in the U.S.?

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Thank you for your assistance in advance!!

Is she done with her studies, got a degree?  

 

Either as posted above is one option, or she gets married and returns to her country (after all, she claimed intent to return to her home country upon completion of studies) and be petitioned for a CR1 spousal visa


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Basically she has 2 options, do the basic research herself or employ a lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, WeGuyGal said:

Either as posted above is one option, or she gets married and returns to her country (after all, she claimed intent to return to her home country upon completion of studies) and be petitioned for a CR1 spousal visa

No need to return to home country for CR1, they have already expressed interest in getting married and staying here afterwards. She claimed intent to return, but later decided to get married. Completely legit and legal.


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

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2 hours ago, savedNblessed said:

2) If she’s already married can she stay in the U.S. even if her student visa expires?

Yes, but best to file for AOS prior to her student visa expiring, so that way she won't be out of status. Follow the guide that was posted in a previous response.


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

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It does not really matter when her visa expires. I-20 is a legal document for F-1 status. As long as I-20 is unexpired and she is a full time enrolled student at the university she is fine. 

 

And I agree, it is better to start AOS before she loses F-1 status so she does not need to leave the country. 


August 2015 Came to US (F-1 PhD student)

...

01/02/2018 Started dating 

01/21/2019 Got engaged

04/08/2019 Got married

...  

assembling AOS package

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