US Citizen married F-1 Visa Student last week.

[DVT 0]

Hello,

 

I tried reading the guides but I'm still confused between the differences and where to start. My main concern is avoid my wife being deported. My wife and I got married on March 19, 2020. She originally came to the United States under a F-1 Student Visa. Since we're married now, we discussed and agreed for her not going to school until she's gotten her green card. Reason being is that cost of tuition would be cheaper for non-international students if she decided to pursue higher education, and also health concerns regarding COVID-19. However, she will be out of status if she does not resume her college education as I believe it violates the terms and agreements of her F-1 Student Visa. We're thinking of attempting to do everything without of a lawyer, but I'm not sure where do start. Here are some questions I have, please forgive my lack of understanding in this topic.

 

1. I'm unclear regarding the differences between K-1 and K-3, but I believe I should follow the K-3 route because we're married? Is the "Step-by-Step Guide on Filing an I-130 for Spouse Inside the US" the guide we want to be following?

2. I think these are the forms we need to fill out, but I'm not sure what I may be missing:

• I-130
• I-485
• I-693 (F1 Student)
• I-864 
• I-765 (F1 Student)

 

Thank you in advance!

 

David

 

 

 

 

[SalishSea 17,937]

1 hour ago, DVT said:

However, she will be out of status if she does not resume her college education as I believe it violates the terms and agreements of her F-1 Student Visa.

Not if she has a pending adjustment of status, which you can and should file for asap.  No K3- that is a visa, and as she is here, she will not need a visa.  Follow the guides here for AOS from student/visitor visas.  

 

You will need the I-130 and I-485 and I-864 I believe.

 

Unless there is some other uncommon issue with your case, I suggest not using a lawyer.  VJ is a DIY immigration site, and you can get enough information and help by reading here and asking questions as they come up.

 

Best of luck

[milimelo 4,505]

She’ll also need the new I-944 form. 

[DVT 0]

Thank you! These are the forms I have saved so far. I will be attempting to fill these out when I have time later this week. Please let me know if I may be missing anything else. 

 

[Lil bear 4,252]

55 minutes ago, DVT said:

Thank you! These are the forms I have saved so far. I will be attempting to fill these out when I have time later this week. Please let me know if I may be missing anything else. 

 

Also recommend I131 to enable her to travel and return to the US is needed prior to the AOS being granted.. 

[Roeentan 5]

  

1 hour ago, DVT said:

Thank you! These are the forms I have saved so far. I will be attempting to fill these out when I have time later this week. Please let me know if I may be missing anything else. 

 

You also have option to pay the fees by credit card and that requires form G-1450

Edited March 24, 2020 by Roeentan

[DVT 0]

1 hour ago, Lil bear said:

Also recommend I131 to enable her to travel and return to the US is needed prior to the AOS being granted.. 

Thank you for the recommendation for the I-131 form. Looks like the form requires a fee of $600 (Form Fee + Biometric Services). As I'm reading, is it possible to get the form waived since we'll also be filing an I-485 form? (see screenshot below)

 

55 minutes ago, Roeentan said:

  

You also have option to pay the fees by credit card and that requires form G-1450

Thank you! That's great to know since I can also churn credit card sign up bonuses and earn cashback to offset the cost of all these forms. Is it possible to pay all the forms with a credit card?

Edited March 24, 2020 by DVT

[Lil bear 4,252]

6 minutes ago, DVT said:

Thank you for the recommendation for the I-131 form. Looks like the form requires a fee of $600 (Form Fee + Biometric Services). As I'm reading, is it possible to get the form waived since we'll also be filing an I-485 form? (see screenshot below)

 

 

Yes The fee for both the I131 and 765 are waved if filing  concurrently with the I485 

[Roeentan 5]

53 minutes ago, DVT said:

Thank you! That's great to know since I can also churn credit card sign up bonuses and earn cashback to offset the cost of all these forms. Is it possible to pay all the forms with a credit card?

Yes It's possible, even you can pay fees for different applications with different credit cards.

[Jose&Jeff 126]

9 hours ago, DVT said:

Thank you! These are the forms I have saved so far. I will be attempting to fill these out when I have time later this week. Please let me know if I may be missing anything else. 

 

It seems you did that already, but just in case, always download the forms directly from USCIS website to make sure you have the most recent edition. If you send an expire version of any of the forms they will just send everything back without even looking at it. At the USCIS website you will also have a list of additional documentation you need to send with each of the forms. Make sure you follow that list and come back here if you have any questions about any of the documents required or types of supplemental proofs.

As mentioned before, if your wife is not planning to continue her studies you need to apply for AOS as soon as possible to avoid her being out of status in the country.

 

Good luck! 

 

 

[Diane and Chris 651]

And by the way, congratulations!  Good luck!  

[Ay2019 21]

I did AOS from F-1 as well. I submitted 130 and 130A, 131, 485, 765, 864 with some pictures, and a bank statement that has both our names on.  I did not submit G-1145 and 944 because they were not required but I understand that now 944 is required. I can tell you my personal experience as to continuing to go to school while waiting for the process but I do not want to advocate one way or another so if you have any questions please feel free to message me.

Good luck
 

[Rocio0010 5,579]

Might be a little bit too late to reply to this topic but here's my two cents from my experience. It's better for her to keep going to school just in case anything goes bad with the AOS. In this case, can lawfully stay and reapply for AOS if need be. Once you apply for AOS your visa is void. However, as an international student her I-20 is what matters. If she quits school, her OISS will have to terminate her I-20. A terminated I-20 and a failed AOS means that she's out of status.