Spouse to be already in U.S. on F-1 student visa

[ernnuk 0]

I would like to thank everybody for the very useful information posted on this site. I have read through the guides and many message board postings but still have a question.

Here is the situation: I am a U.S. citizen and the person I want to marry is a non-citizen from Taiwan. She is already in the U.S. on a visa (F-1 student), we met at college this past year. My question is, the K-1 guides and flowchart seem to deal with the situation where the immigrant spouse is outside the U.S. and is seeking permission to come to the U.S. to get married -- would K-1 be the correct process to follow when the spouse is already in the U.S.? Would she have to go back to her home country and apply -- or can we go through the process while she is still in the U.S. on the F-1 visa?

If you can point me in the right direction I'd appreciate it. Thanks!

[reeses16 8]

In your situation, you can marry her now before her F1 expires, and file for AOS. You would not need to apply for a K1 or K3. I think you may have an additional form to fill out during AOS if she adjusts from F1. There are many VJers who married while on F1, I'm sure you will here from them.

Good luck!

[Kez/JWolf 6]

You do not need to do K1 or K3 all you need to do is get married and then file for AOS + I-130... this will allow her to remain in the US even after her F1 had expired... Have a read of the Guide for doing this...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

[ernnuk 0]

You do not need to do K1 or K3 all you need to do is get married and then file for AOS + I-130... this will allow her to remain in the US even after her F1 had expired... Have a read of the Guide for doing this...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

Thanks for the info -- the guide you pointed me to was helpful. I guess my next question is that guide talks about two forms the I-130 and I-485 -- what is the difference between them? Would I file them at the same time after we get married, or what is the sequence? Also, from what I understand she can apply for a one-year "OPT" period where she can remain in the U.S. and look for a job -- I'm assuming during that time she is still considered as being on "F-1" status? Just a little confused. Thanks!