Change of status, F-1, and dual intent

[johnmather]

Hi, I have a sort of complicated situation I was hoping for some guidance with. About two years ago, I met my current fiancé while I was doing research in South America. We fell in love and she decided to come to the US to study, and we're currently living together and both going to the same university.

We're going to get married in May of 2016 (or earlier, if we need to). But now I'm a bit concerned about the issue of "dual intent" and the F-1 visa. On the one hand, we weren't engaged for over a year after she arrived. It was kind of a trial run, and there was always the possibility (and there still is a possibility) that I'll return to her country to work, though because of loans in $USD it's unlikely for the next few years. On the other, we of course hoped that everything worked out, and we've been living together her entire time in the U.S. Now I'm worried it'll look like she was committing fraud, though her "intent to immigrate" was far from clear, at least in our minds.

How might this complicate the marriage/immigration process, and what do we need to do prepare accordingly?

Also, and unrelated, what's her legal status after I file the I-485? We're trying to figure out wedding timing and it's unclear to me how this works. If we file before her F-1 expires, can she stay in the country legally even if the Adjustment of Status hasn't been processed?

[iuy87]

Hi, I have a sort of complicated situation I was hoping for some guidance with. About two years ago, I met my current fiancé while I was doing research in South America. We fell in love and she decided to come to the US to study, and we're currently living together and both going to the same university.

We're going to get married in May of 2016 (or earlier, if we need to). But now I'm a bit concerned about the issue of "dual intent" and the F-1 visa. On the one hand, we weren't engaged before she came. It was kind of a trial run, and there was always the possibility (and there still is a possibility) that I'll return to her country to work, though because of loans in $USD it's unlikely for the next few years. On the other, we of course hoped that everything worked out, and we've been living together her entire time in the U.S. Now I'm worried it'll look like she was committing fraud, though her "intent to immigrate" was far from clear, at least in our minds.

How might this complicate the marriage/immigration process, and what do we need to do prepare accordingly?

Also, and unrelated, what's her legal status after I file the I-485? We're trying to figure out wedding timing and it's unclear to me how this works. If we file before her F-1 expires, can she stay in the country legally even if the Adjustment of Status hasn't been processed?

u r fine! U guys could met for 1 day then married 2 weeks later, it doesn't matter. as long as u didn't marry solely for immigration benefit. it is not fraud if u marry for love not for immigration benefit. when her F-1 visa expire and the paper work is in USCIS hands then she is legal. I am a F1 visa, USCIS didn't give me any problem as yet.

[johnmather]

u r fine! U guys could met for 1 day then married 2 weeks later, it doesn't matter. as long as u didn't marry solely for immigration benefit. it is not fraud if u marry for love not for immigration benefit. when her F-1 visa expire and the paper work is in USCIS hands then she is legal. I am a F1 visa, USCIS didn't give me any problem as yet.

Thanks for your reply! I'd also be curious to hear what other people think.

Also, two more questions:

1. After we submit the AOS paperwork, will she be able to work? She's graduating May of next year, and we'll most likely be moving to a new city. I'll be able to support her if need be, but it'd be ideal if she could work while we're waiting for her to get her green card (which seems like it could take a year.)

2. Since we'll probably be moving—and we're not sure to where, as it depends on the academic job market—will it cause any trouble with USCIS? It would be annoying to have to come all the way back here just for an interview, though of course we'd do it if need be.

[meni]

Just marry her and file I-130 first

Hi, I have a sort of complicated situation I was hoping for some guidance with. About two years ago, I met my current fiancé while I was doing research in South America. We fell in love and she decided to come to the US to study, and we're currently living together and both going to the same university.

We're going to get married in May of 2016 (or earlier, if we need to). But now I'm a bit concerned about the issue of "dual intent" and the F-1 visa. On the one hand, we weren't engaged for over a year after she arrived. It was kind of a trial run, and there was always the possibility (and there still is a possibility) that I'll return to her country to work, though because of loans in $USD it's unlikely for the next few years. On the other, we of course hoped that everything worked out, and we've been living together her entire time in the U.S. Now I'm worried it'll look like she was committing fraud, though her "intent to immigrate" was far from clear, at least in our minds.

How might this complicate the marriage/immigration process, and what do we need to do prepare accordingly?

Also, and unrelated, what's her legal status after I file the I-485? We're trying to figure out wedding timing and it's unclear to me how this works. If we file before her F-1 expires, can she stay in the country legally even if the Adjustment of Status hasn't been processed?

I believe you can't change status of F1 to others. F1 is just student visa. I believe you are talking about immigration through marriage. In this case, of course, you can get her immigration status while she is in USA. If you are an American citizen, getting approve your case in USCIS would take about 6 months and getting her visa process would take about 3 months, total within 9 months. All you have to do is to just marry her and you file I-130. USCIS will return I-797 in a month which is acknowledgement of they have received your petition case. Then let your wife apply I-485 (which is not for you to submit) to USCIS along with copy of I-797. This action will let USCIS know that your wife will get her visa in USA but not is her home country. USCIS calls this as two step process.

I understand you want this process to make perfect which makes you think too much. No worries. You will find it easy when you file I-130. But, the process while getting of her visa after your I-130 is approved, You will need to file I-864 which is legal document for affidavit of support and you will have to show your income that proves you can support your wife. Now both of you are students so it would make difficult for you to file I-864 if you don't have good income yet. But don't worry. You can file I-864 with another person who would cosign with you and his/her income should be 125% of federal poverty income. You can get this guideline from I-864.
So .. don't waste your time. Just marry her and reduce your worries. It is as easy as peeling of a banana skin. The hardest part is to file I-864. Good luck with that.

P.S .. She will need to collect her documents. Birth certificate, Statement from her hometown police that saying she is clear with crimes, if she ever traveled to other countries more than 6 months, she will need statement of police records from those countries as well. If she ever married before, she will need divorce documents. All documents should be notarized unless those are written in English.
For you to provide that your marriage is not fraud, you would have to collect proof of how you and your wife met and stay. Photos, emails, letters, phone call records, address on ID, some or everything will be fine.

[iuy87]

I believe you can't change status of F1 to others. F1 is just student visa. I believe you are talking about immigration through marriage. In this case, of course, you can get her immigration status while she is in USA. If you are an American citizen, getting approve your case in USCIS would take about 6 months and getting her visa process would take about 3 months, total within 9 months. All you have to do is to just marry her and you file I-130. USCIS will return I-797 in a month which is acknowledgement of they have received your petition case. Then let your wife apply I-485 (which is not for you to submit) to USCIS along with copy of I-797. This action will let USCIS know that your wife will get her visa in USA but not is her home country. USCIS calls this as two step process.

I understand you want this process to make perfect which makes you think too much. No worries. You will find it easy when you file I-130. But, the process while getting of her visa after your I-130 is approved, You will need to file I-864 which is legal document for affidavit of support and you will have to show your income that proves you can support your wife. Now both of you are students so it would make difficult for you to file I-864 if you don't have good income yet. But don't worry. You can file I-864 with another person who would cosign with you and his/her income should be 125% of federal poverty income. You can get this guideline from I-864.
So .. don't waste your time. Just marry her and reduce your worries. It is as easy as peeling of a banana skin. The hardest part is to file I-864. Good luck with that.

P.S .. She will need to collect her documents. Birth certificate, Statement from her hometown police that saying she is clear with crimes, if she ever traveled to other countries more than 6 months, she will need statement of police records from those countries as well. If she ever married before, she will need divorce documents. All documents should be notarized unless those are written in English.
For you to provide that your marriage is not fraud, you would have to collect proof of how you and your wife met and stay. Photos, emails, letters, phone call records, address on ID, some or everything will be fine.

Your advise is great, but i think he should file all the documents including the work permit all at once. if not she should have to wait until the i30 is approve before he file i48 and work permit.

[johnmather]

I believe you can't change status of F1 to others. F1 is just student visa. I believe you are talking about immigration through marriage. In this case, of course, you can get her immigration status while she is in USA. If you are an American citizen, getting approve your case in USCIS would take about 6 months and getting her visa process would take about 3 months, total within 9 months. All you have to do is to just marry her and you file I-130. USCIS will return I-797 in a month which is acknowledgement of they have received your petition case. Then let your wife apply I-485 (which is not for you to submit) to USCIS along with copy of I-797. This action will let USCIS know that your wife will get her visa in USA but not is her home country. USCIS calls this as two step process.

I understand you want this process to make perfect which makes you think too much. No worries. You will find it easy when you file I-130. But, the process while getting of her visa after your I-130 is approved, You will need to file I-864 which is legal document for affidavit of support and you will have to show your income that proves you can support your wife. Now both of you are students so it would make difficult for you to file I-864 if you don't have good income yet. But don't worry. You can file I-864 with another person who would cosign with you and his/her income should be 125% of federal poverty income. You can get this guideline from I-864.
So .. don't waste your time. Just marry her and reduce your worries. It is as easy as peeling of a banana skin. The hardest part is to file I-864. Good luck with that.

P.S .. She will need to collect her documents. Birth certificate, Statement from her hometown police that saying she is clear with crimes, if she ever traveled to other countries more than 6 months, she will need statement of police records from those countries as well. If she ever married before, she will need divorce documents. All documents should be notarized unless those are written in English.
For you to provide that your marriage is not fraud, you would have to collect proof of how you and your wife met and stay. Photos, emails, letters, phone call records, address on ID, some or everything will be fine.

Thanks for all your help! Are you sure, though, that we wouldn't file an adjustment of status being that she's in the US? These sites would seem to indicate otherwise:

http://www.alllaw.com/articles/nolo/us-immigration/adjusting-status-f-1-visa-after-marrying-citizen.html

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

[iuy87]

Thanks for all your help! Are you sure, though, that we wouldn't file an adjustment of status being that she's in the US? These sites would seem to indicate otherwise:

http://www.alllaw.com/articles/nolo/us-immigration/adjusting-status-f-1-visa-after-marrying-citizen.html

https://www.uscis.gov/family/family-...nent-residents

everyone file the same documents regardless of if ur in us or not. some people just chose to file in division.
forms are i485 adjust of status, i130 petition for alien relative, i765 work permit,i131 travel doc,i864 affidavit of support, medical. read the instructions carefully, it is outlined beautifully on the USCIS website.

[meni]

Two step process

[QUOTE=johnmather;458303]Thanks for all your help! Are you sure, though, that we wouldn't file an adjustment of status being that she's in the US? These sites would seem to indicate otherwise:

http://www.alllaw.com/articles/nolo/us-immigration/adjusting-status-f-1-visa-after-marrying-citizen.html

https://www.uscis.gov/family/family-...nent-residents[/QUOTE

I am pretty sure. No doubt but I didn't tell you not to file I-485. Your wife will have to file I-485 after you file I-130 petition for her. Following is what USCIS says.
============================================================ ======================================================
Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.
Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797). For more information on filing for permanent residence, see our Adjustment of Status page.
============================================================ =======================================================
This is basically same as your article says but this is more understandable for how to do. It can be found here
https://www.uscis.govhttps://www.imm...ive-us-citizen

So first step for you is to file I-130 petition for her. To do that, you have to submit proof of marriage. If you find that your fiance has not enough visa period left to stay in US, you should apply fiance visa (K-1 Visa) first. So she can stay in US before she get immigrant visa but you have to marry her within 90 days once she get it.
for this kind of visa, you can study here

https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

[meni]

why getting work authorization?

Your advise is great, but i think he should file all the documents including the work permit all at once. if not she should have to wait until the i30 is approve before he file i48 and work permit.

As far as I understand, She has now F1 Visa status which gives her eligible to get work authorization. To get approved for I-130, it will take under 6 months after he filed. And she will get immigrant visa within 3 months. Then she will be able to work any where in USA without needing of work permit. But she will still remain as a student by that time. So I believe she is fine.

[meni]

please read this thread

you should read this thread. seems like he apply everything in one packet. please ask him if you want to know more.

http://www.immihelp.com/forum/showthread.php/204466-Form-i485

[iuy87]

As far as I understand, She has now F1 Visa status which gives her eligible to get work authorization. To get approved for I-130, it will take under 6 months after he filed. And she will get immigrant visa within 3 months. Then she will be able to work any where in USA without needing of work permit. But she will still remain as a student by that time. So I believe she is fine.

no that is not how is goes, i was a f 1 student. she is only eligible for work permit post completion of degree or during studies. if she used up her 1 year work permit during school then she is not eligible to apply for work permit post degree. i think he should hire a lawyer, if he don't want to listen to me. he should file all the paper one time and ship them to immigration