Planning on marrying my gf who is in USA with F1 Visa

[neokeelo]

Hello,

I am planning to marry my girlfriend who is currently in the USA on a F1 Student Visa. She has to go back to Japan in January (about 3 months). That is when her student visa expires.

As far as I know, nothing is required for us to get married. However, in order to plan and have more time for her to stay here, do we need to apply for a K1 Fiancee visa or just get married? I'm not sure because she is already in the USA.

After we are married, what is the next step for her to be able to stay in the USA?


Thank you for your help and assistance.

[nichole]

A K1 visa is a way to legally enter the US to marry then apply for the greencard. She would remain in Japan 7-8 months waiting on it to process.

But she has already legally entered the US on an F1. You can marry and file the spouse petition (I-130) concurrently with the greencard application (I485). There's a lot more paperwork and supporting documentation so read this about the I-130 https://www.immihelp.com/family-base...on-procedures/
BUT you won't be getting a visa, so just use the information for filling out the form and the supporting documentation Iignore the NVC processing and interview at the embassy in her country. She won't do that part. If it asks for her address, put her US address. If it asks for the consulate that will process her visa, put N/A so the don't send it off to Japan by mistake.

Next study this about the Adjustment of status I-485 application

https://www.immihelp.com/i-485-adjustment-of-status-application/

There are other forms that go with it. Download the instructions.


You need to marry and file before her visa runs out. She can stay while it's processing and should not leave the country, even of somebody dies in Japan, until she gets the greencard. Both complete applications with supporting docs and forms are mailed in the same envelope to the USCIS Chicago Lockbox:

For U.S. Postal Service: (mailed at the post office.)

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries: (if sending by FedEX, UPS, DHL)

USCIS
FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

Pay the fees for each form. READ the instructions that go with the form very carefully. don't go by only this website. Fill out your check to the correct name. The instructioms tell you. Make a copy of everything before mailing.