Crazy Cat

They are separate and complete packages, but can be sent together. Don't forget to also send I-131 and I-765 packages as well. She should follow that guide I linked.

What documents did they request?

But she left.....

1. You heard wrong. There is no path for a Green Card from an F-1 visa. In fact, a person cannot enter the US as a non-immigrant (except a K-1) with the intent to stay and adjust status. That is fraud. I wish you had come here before she left. 2. If she was really out of status for a year, she will have a 10 year ban from entering the US. The university might be correct.

Once her authorized stay period is over, she is subject to removal actions. Is the person she wants to marry a US citizen? If yes, they can marry and she can file for adjustment of status. She will be granted authorized stay in the US after submitting a proper I-485. However, she should be aware of the limitations associated with adjustment of status. She will not be able to work or leave the US for up to about 8 months. Refer her to this guide:

1. Definitely- A spouse in the US is a strong tie to...the US & could demonstrate immigrant intent. 2. Absolutely- Was she out of status when she left the US? If so, how long was she out of status? That could ensure she never obtains another non-immigrant visa. 3. No.

Totally false. That would apply to self-employed individuals, but not W-2 employees. CURRENT income is king....not past income. Current annual income is calculated as follows: Gross income from latest pay period multiplied times the number of pay periods per year (12 months).

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What field office? Wife's case started exactly like that. She took the oath 5 months after filing.

Local offices differ.

Show your relative this. Both visas will take about 18 months from filing to interview. You are correct in your analysis. It will take a long time from K-1 to actual Green Card. Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) Spouse can not work until she/he receives EAD (approx 6-8 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises.

Sadly, the child will be F2A visa category.

Then adjustment of Status does not apply to any of them. The parents will do consular processing to receive IR-5 visas. After the parents arrive in the US, one of them can then petition for the child to immigrate from Portugal.

No. Parent petitions do not allow derivatives. One of the parents will have to petition the child after they become legal residents. The child cannot immigrate at the same time as both IR-5 cases.

Where are her parents right now?

You now get in line behind the other US citizens who have been waiting.

My thoughts exactly.

But for love, rather than just for immigration benefits, right?

"Don't give them more rope than they need. They can use it to hang you" - Crazy Cat, old man who has lived over 7 decades, 11/14/23 I think I'll copyright that.

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Make sure you include a copy of either the I-130 approval or I-130 receipt notice.

I-131, the advance parole document. Everything you filed in conjunction with the denied I-485 is now voided. That includes the advance parole application and the EAD application. You can refile. Once you submit a new, proper I-485, then you will be granted "authorized stay" until the new I-485 has been either approved or denied. You should do it asap. As I said, you should file a new I-485 package, a new I-131 package, and a new I-765 package...all with completely new supporting evidence.

Why do you think you need an attorney?

Refile ASAP with a complete I-485 package. Also refile the I-131 and I-765 packages. Don't hire an attorney.