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Citizen married F1 Student Visa Holder, What next?

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  • Citizen married F1 Student Visa Holder, What next?

    I have been having a hard time finding clear information on how to handle getting a green card for my spouse who is already here on a student visa, but there is an abudance of information on the process of doing it by bringing someone on a fiance visa and then getting married.

    Anyways, Here goes:
    Last month I married my girlfriend who has been residing here for 2 years legally on an F1 visa. Note: her visa status expires and has to go up for renewal in august. I want to avoid her having to get another F1 renewal (and spend $$$$$$$$$$$$$$$$ on a lame vocational school), what is my route I must take? Do i still have to file an i-130 or just the i-485? If i file for AOS now for her obviously they wont process it by august, so will she have to get another F1 visa or do they let her stay in "limbo" because shes married to me?

  • #2
    Info for WKD!

    I would file immediately ALL the forms:
    I-485: AOS
    I-130: Petition for alien relative
    I-765: Authorization for Employment Document
    I-131: Advance parole (so your spouse can leave the country if necessary while the AOS process is pending).
    As soon as USCIS mails you a receipt for I-485 your spouse is eligible to stay in the country.
    PS: if she leaves the US now she will not be able to come back in because she has to file for AOS since she married you.
    Hope it helps.
    Good luck!

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    • #3
      good luck.

      also, don't forget to include i-693 (medical). and most importantly, make copies of every application you submit as your wife will be required to bring those to the INterview.

      she should get her EAD within 90 days after application has been sent to USCIS

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