Jump to content

7 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: India
Timeline

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!!

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
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

11/08/2016 : Interview - APPROVED!

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

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

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.”

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Mexico
Timeline
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)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

2019-05-29 Green Card in hand.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Mexico
Timeline
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)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

2019-05-29 Green Card in hand.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline

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. 


Science is not a liberal conspiracy.

 

Our immigration journey 

 

Spoiler

 01/02/2018 Started dating 

01/21/2019 Got engaged

04/08/2019 Got married

06/17/2019 AOS package sent

06/19/2019 Package delivered

06/24/2019 Card charged 

06/25/2019 Text notifications (no email!)

07/03/2019 Received NOA1 for I-485, I-130, I-765, I-131 (dated 06/25/2019)

07/20/2019 Received biometrics appointment letter (dated 07/12/2019)

07/31/2019 Biometrics

09/03/2019 Received interview notice

10/10/2019 Interview

10/11/2019 Case approved! :star:

10/16/2019 "Card was mailed" case status update

10/17/2019 Received tracking number for the green card in mail

10/18/2019 Green card in hand! 

Pause till 2021! 😺

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...