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Student visa /work permit marrying US citizen

By ufo in Adjustment of Status from Work, Student, & Tourist Visas

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Boiler Grand Master

Boiler   43,824

Posted
Filed: K-1 Visa Country: Wales
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7 minutes ago, ufo said:

Hello,

my friend will be getting married a US citizen. He has student visa which will be expiring in December.

what would be the procedure to apply for green card?

 

Thank You!

I would strongly recommend your friend joins VJ has a good read of the guides and then asks if there is anything specific to their situation that is not clear!

“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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ufo Explorer

ufo   3

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Filed: Country: India
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24 minutes ago, Boiler said:

I would strongly recommend your friend joins VJ has a good read of the guides and then asks if there is anything specific to their situation that is not clear!

I will be helping him fill out the forms. He doesn’t know much about the procedure. He has been here 4 years now. 

 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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1 hour ago, ufo said:

Student visa expires in mid December 2020

work visa expires in January 2021

 

They will be getting married in 3 months here. 

 

Is is there going to be issue coming back when they go out of country to India in November/  December in 2020?

Yes, it's a big issue.  It's immigration fraud to use a non-immigrant student visa to enter the US with the intent to immigrate by adjusting status.  

 

 

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ufo Explorer

ufo   3

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Filed: Country: India
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39 minutes ago, aaron2020 said:

Yes, it's a big issue.  It's immigration fraud to use a non-immigrant student visa to enter the US with the intent to immigrate by adjusting status.  

 

 

Yes I agree with you but when you like someone and you want to make them your life partner, what is wrong in that?

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Martha R Explorer

Martha R   59

Posted
Filed: K-1 Visa Country: India
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6 minutes ago, ufo said:

Yes I agree with you but when you like someone and you want to make them your life partner, what is wrong in that?

Agreed, it is fraud to come to the USA to adjust status on a non-immigrant visa. If the route is AOS, then the person who is benefiting from the process wont be able to leave the country until AP/ EAD is approved. It is an uphill battle mainly demonstrating the relationship is bonafide. 

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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7 minutes ago, ufo said:

Yes I agree with you but when you like someone and you want to make them your life partner, what is wrong in that?

If you don't see what's wrong with committing immigration fraud, then rock on.  Enjoy the consequences if you're caught.  

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SusieQQQ Grand Master

SusieQQQ   11,585

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Filed: Citizen (apr) Timeline
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23 minutes ago, ufo said:

Yes I agree with you but when you like someone and you want to make them your life partner, what is wrong in that?

Nothing is wrong with finding a life partner, but when immigration is involved there are procedures to follow to live in the same country. Is it maybe easier if they both move to India?

Edited by SusieQQQ
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Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
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6 minutes ago, ufo said:

So what would be the proper way to handle this situation?

File a fiance or spousal visa petition and await processing in India.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Ryan H Grand Master

Ryan H   3,797

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

***Moved from Student & Exchange Visitor Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

2 hours ago, ufo said:

Student visa expires in mid December 2020

work visa expires in January 2021

 

They will be getting married in 3 months here. 

 

Is is there going to be issue coming back when they go out of country to India in November/  December in 2020?

 

From what you posted, it appears your friend is currently in the US and plans to get married in 3 months time, if that is the case then this is what you need to do:

On ‎11‎/‎10‎/‎2019 at 11:38 AM, USS_Voyager said:

File forms I-130/I-485/I-765/I-131 concurrently. Follow directions on each form. Read the guides on VJ

 

 

As to the second part of your post, if the friend has not been granted Advanced Parole during the AOS process and leave the country, then said process will be considered abandoned and your friend's spouse would have to start from square one with the spousal visa process while your friend would have to wait that process out in India.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Cyberfx1024 Grand Master

Cyberfx1024   7,978

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted
1 hour ago, ufo said:

Yes I agree with you but when you like someone and you want to make them your life partner, what is wrong in that?

It's wrong because it's fraud. 

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Rosalind F Explorer

Rosalind F   178

Posted
Filed: Citizen (apr) Country: Russia
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Posted

OP, it is much less trouble to just not leave US and adjust from your F-1. You will have to stay in US for several months up to a year but you will be clear in terms of intent etc. 

 

You should not use your F-1 visa to get in US if you know that you are going to adjust status. 

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! 

Spoiler

07/18/2021 ROC package sent (UPS)

07/22/2021 Package delivered

07/23/2021 Card charged

07/24/2021 Text notification - case received

 

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