Luckygoat

I am actually in the exact situation you are in. Once you get married and apply before your F1 visa expires you will be fine...actually you will be fine even if you apply a couple weeks after it expires....once its not years we are talking about. But I would go ahead and do everything in advance and not wait until the last min. Me and my fiance are getting married and appling next month. You can adjust your status directly from you F1 visa since you and your wife are already here. Here is all you need:

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

I was wondering if it would be more wise to get married in my home country because my fiance would be visiting for a few weeks or should i just go to america and get married?

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

If you are filing outside of the country and have no intention to do a K visa then you will not file the I-485 at all

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

Form OF-169 is a consulate specific form that lists the documantation needed to be gathered by the benificiary for the interview

2. Completed and signed-230 Part 1 and 2 forms.

Yes this is sent only when asked to by NVC after you have paid the IV bill. DO NOT sign part II of the DS-230

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Yup - after the AOS bill has been paid you can send this in at the NVC level. To save some time, the shortcut guides here suggest you send the AOS and the DS-230 together.

Ok you said if I am planning to file outside of the U.S and have no intentions to get a K visa then the I-485 is not needed. Isnt I-485 and AOS the same thing? So what AOS bill are you talkin about above?

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC? - If you go for the CR-1 these documents will be sent to NVC and not to the consulate - they will not accept them at the consulate and will just slow down your process. They do not replace the AOS it is just an alternative route.

I have read somewhere that I can opt to have conculate processing instead of sending them forms back to NVC....

Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items: 1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Good luck on your journey

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

If you are filing outside of the country and have no intention to do a K visa then you will not file the I-485 at all

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

Form OF-169 is a consulate specific form that lists the documantation needed to be gathered by the benificiary for the interview

2. Completed and signed-230 Part 1 and 2 forms.

Yes this is sent only when asked to by NVC after you have paid the IV bill. DO NOT sign part II of the DS-230

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Yup - after the AOS bill has been paid you can send this in at the NVC level. To save some time, the shortcut guides here suggest you send the AOS and the DS-230 together.

Ok you said if I am planning to file outside of the U.S and have no intentions to get a K visa then the I-485 is not needed. Isnt I-485 and AOS the same thing? So what AOS bill are you talkin about above?

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC? - If you go for the CR-1 these documents will be sent to NVC and not to the consulate - they will not accept them at the consulate and will just slow down your process. They do not replace the AOS it is just an alternative route.

I have read somewhere that I can opt to have conculate processing instead of sending them forms back to NVC....

Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items: 1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Good luck on your journey

yeah i think this is perfectly fine

take lots of proof with you, and take lots of pictures before you go back home, and have pictures of your wedding, itll be very helpful for later

good luck

Thanks. What do you mean take lots of proof with me? You mean so that I can file the I-130 before I leave to go back home? Because thats what I want to do...file the I-130 before I leave. We have alot of proof together since we resently moved together and have been datin for a while while I was here studying. Oh and we have the picture thing down pack, both my wife and I are professional models so I have a good list of contacts for good photographers for wedding picx.

Tell me if this is ok. I entered the U.S on my F-1 student visa to move my things from my apartment to my girlsfriends apartment (we moved together) but decided to tie the knot (spell check lol). I will be returning home abroad and going through the normal I-130 process for a CR-1 visa and enter as a permenant residency because i do not want to adjust from status from F-1 status.

This is legal right...considering I did enter with the intentions on gettin married and I will be returning home to go through the normal precedures.

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC?

Ok... dumb question. I'm just married and I and the wife are filling out her AOS documents. On the I-485 it asks for 'Application type' and to check one of several options. I know sometimes things aren't as plain as they appear so I figured someone could tell me which one of the many options to pick. These two made the most sense: I am applying for an adjustment to permanent immigrant status because: 1) an immigrant petition giving me an immediately available immigrant visa number has been approved or 2) Other basis of eligibility_________. Option 1 is only for K visa holders mostly right or I don't know? Or do I select 'Other basis' and list the F1 visa there? I know this is important to get right. The other several options seemed fairly clearly not to apply. Any help would be greatly appreciated so I can get this packet completed this weekend!!!

No select other option and state F1 visa.

Number 1 is for AOB from an immigration visa (k visa), you are here on a F1 visa which is not an immigration visa....so 1 is not an option for u.

1. applications I-765 and I-864 goes with I-485, do not isolate. If 2 seperate applications ask for the same documents then send two seperate documents. Even tho you are sending them togehter they may be forwarde dto different places, so the same document maybe ask for 3 differents times. visit this link and follow the instructions. http://www.visajourney.com/forums/index.ph...page=i130guide2

2. If its not there then its not there. Maybe the forms changed. Just fill out what is there

3. again just follow the instructions

4. Proof of maintaining status on a F1 visa would be I-20 signed up to the present day by the school.

5. http://www.visajourney.com/forums/index.ph...page=i130guide2 click the individual links for instructions on each.

DONT. It makes absolutely no sense if u are sure your wife doesnt make over the poverty line umless you want extra set back. they will just deny your application and you would have to go through the whole prcess again.

Hey there!

My wife doesn't make enough money to be considered above the poverty line. If we file our application with her i-864 but without a co-sponsor will it affect our application or even deny it? I am sure we can find a co-sponsor in a while but we would like to send everything in before that since we don't know exactly how long it will take to find somebody.

Thanks.

I searched all over here and web for an answer to my question, but came up empty.

My wife and I went to our immigration interview last week and we were missing one piece of information the officer wanted. A utility bill with both our names on it. My fault for being unprepared on this one piece of info although we had everything else the officer was looking for. However, later that day two very good and helpful neighbors of ours created affidavits that I had notarized which said we did indeed live as husband and wife. We gave these to the immigration officer the very next day. Her response was that we'd have to wait two or three weeks to see if all of our information will result in my wife being approved for her green card. We had our fingers crossed (wishful thinking?) that she would re-examine the info and stamp her passport.

My wife has her Advanced Parole forms in hand and plans to leave the US for Taiwan this week while we wonder what is going on with our case.

Everything I have read online seems to indicate that as long as our case is being processed my wife can travel and is safe to re-enter the country. We were married about two months prior to her tourist visa expiring which seems to indicate that she would not suffer the three-year ban penalty.

Hope someone here can shed some light on it for me as I am quite concerned she will not be able to come back into the country.

It does not matter how long you were married before the I-94 expired. The timeframe you need to look at is when did her I-94 expire not the visa and when did you file for AOS. These are the dates that would indicate if there is any overstay.

The biggest issue you will have is what if something goes wrong with the approval of the AOS, your wife would then be outside the US with no way of getting back in.

If she can delay her trip until she has been approved and either has the greencard in hand or has a I-551 stamp in her passport, then that would be the safest thing to do.

Question...if you file AOS 2months prior to the I-94 expiring, but do not get everything back before the I-94 expires. It is ok to stay in the country even tho is it expired right?

hummmm....

My question is, can you go home for the summer and come back to the US on F-1 visa safely? You're already married, and you're coming back here to go to school, but at the same time, you will be adjusting your status from F-1 to permanent resident. Would that be considered visa fraud? But your main reason for entering the US is to go to school, so I guess that's okay... I don't know. Good luck!

Good question. Yes my main reason for coming back here after the summer is to complete schoool, I have one more semester b4 i graduate, not to change to change my status. And yes anyone who is on a F1 visa can go home when ever they wish, i go home on weekends, every summer, basisly any time i get a break...I am not required to stay here.

But like you said, I dnt kno if me coming back here after the summer then filing for AOS would look like visa fraud. So I don't know. I will just wait awhile after I reach to file instead of as right when i reach.

Actually there is everything that you can do about showing the validity of your marriage. Evidence that you supply will be the basis of your status adjustment.

Depending on your country of origin/residence the examination can be more intensive. Be sure to prepare yourselves accordingly so that you are successful with your petition.

Thanks. fortunately my country has very little migration so I dnt think that would be a issue. And when you say prepare what do you mean? I feel like you only need to over prepare when ur marriage is fake. If ur marriage is real then you should need to do so much preparation outside the nessasary paper work.

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

Parents loaning/giving you the $$ and you writing the checks is good. If the parents were paying (writing their own checks) then you wouldn't have anything to show.

Did you say that you were going back to your country for the summer? Is your wife going as well? Spending the summer away from your spouse might cause an interviewer to doubt the validity of your marriage.

She'll be there for a week but she def isnt staying the whole summer but I will be. i mean if they doubt the validity of our marriage then there is nothing we can do but it makes no sense me stayin here or her coming there for the whole summer and not having any form of income. That is the only reason im leaving.

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

Do u need to get back to ur country for an emergency? If not just wait until u are approved. It isn't taking long these days. I started my journey in Jan and I have my interview this week,; just 3 months 1 day after my check was cashed in Jan. My visa expired December 2006 but being married to a USC pardons a lot. If you do not have an emergency then prioritize your adjustment. You will be able to travel as many times as you wish after your approval. I hope that going back won't be a red flag when your traveling documents are looked into and they won't as why not file CR1 instead. I think you need to be here and not be traveling about. Check it out first.

I mean...yeah its kind of an emergency. I go home for the summers to work with the family business because I am not in school. I do not want to be here the whole summer doing nothing, no school, no work and having my parents pay rent etc. But I dnt quiet understand how me travelling would send a red flag...I mean I am not a resident here so I should be able to travel when ever I want. I do know that if I apply for AOS and then leave without AP it would be abandon, so ill just do it after the summer when i get back.

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

You are correct that it would be abandoned unless you get AP before you leave. Since the AOS process can take a while, you can file for permission to leave (AP) and permission to work (EAD) with the AOS and usually they come through within 3 months. If you have the AP, you could go home and re-enter without abandoning your petition.

Thanks. I guess I have no choice but to wait until i get back in the fall because I cant wait 3 months for the AP to go home. When I get back do I have to wait 60 days after I arrive before I apply for AOS althought I've been here for 2 years studying? I've read somewhere that you have to wait 60 days to avoid suspension of visa fraud.

You are here in the US and married, so no need for a K visa (unless you return to your native country). You will adjust status here.

You will need evidence of a bona fide marriage. If parents are paying all of the living expenses that may limit the evidence that you will have. Take a look at the I-485 instructions to get a feel for what you will be able to show as evidence.

thanks a mill. How would our parents paying for our living expense limit evidence of bonafide marriage...all the bills and apartment lease are in our names, they just provide us with the money. But yea...I was going home for the summer break becuase my school is close. If I apply to adjust status from my F1 visa and leave before I get advance parole, the application would be abandon...am i correct?

Maybe I should just wait until I return for the fall semester and then apply for AOS. Another thing...my visa is up december. If I do get I-130 and AOS approved by then and im still in the U.S, will be fine once i've applied?

that wont be a problem at all, she just needs to show proof of income, which she can have co sponsor for

This is what we most likely will do becuz she do not work. Our parents are currently paying our living expenses. Can the sponsor be anyone?

If you came here on a K1 visa and she was your sponsor, then why would it be an issue?

thanks for all the re sponse guys. I am here on a f1 student visa. Thats a another thing im confused about...should go through the process of getting a K3 visa before I AOS, or can I adjust my status from F1.

I was wondering if the U.S sponsorer for the k-1 visa have to be 21 or older. Me and my wife got married last year, I am 21 she is 19. I was wondering if I would I have any problem when filing paper work for AOS etc because she is not 21.