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Marriage and the 485

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  • Marriage and the 485

    Hi so me and my Fiancée have a slew of questions so bare with us!

    She has been in the USA since she was 18, first doing her undergrad and now having finished up her grad program she is currently on the tail end of her OPT visa. It will expire 30th of June. We are planning on getting legally married late May although we hope to do a ceremony for both our families close to August.

    Given that information here are our questions:

    1.) Can we file the I-130 and I-485 the day after we get married? I am very concerned about the paperwork not going through in time.
    2.) If there is some problem with how we filled the forms out and they send them back do we have to switch over to doing K-1 visa instead if it ends up being past June 30th? She can stay in the country legally for 2 months after her OPT runs up so then do we have till August to get all the paperwork properly filed?
    3.) I believe I will have to file a I-684 as well and plan to use some of my other household member's income. I believe this means they will also have to file I684's. What forms do we need to provide as proof of income, that part was a bit confusing to me?
    4.) We plan on moving to another state sometime after August, is this inadvisable and/or will it cause us any problems?

    Thanks for your help!
    -Hairy Garcia
    Last edited by Hairy Garcia; 04-06-2017, 11:56 PM.

  • #2
    I assume you are a citizen of the United States

    1) You can file the paperwork the day you get your certified extract of the marriage record from the county clerk. It might take up to two weeks after you get married to get this. Prepare your paperwork in advance and get copies of all the other documents you will need
    2) No, you'll stick with the same paperwork. File her paperwork as soon as possible, but for your information any overstay of her visa is forgiven in this process
    3) Someone very knowledgeable will be by shortly to answer this question
    4) No, it will not cause problems. There are procedures to change your mailing address when this process is in progress

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