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F-1 student marrying a USC

F-1 student marrying a USC

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Old Oct 20th 2005, 4:56 am
  #1  
Mongui
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Default F-1 student marrying a USC

I am a F-1 student who graduated and am on OPT and engaged to my USC
boyfriend of 2 years. My parents previously had filed a relative alien
petition but because I was over 21 it would take a really long time.
After I am married, how should I adjust my status, do I need to leave
the country to do this, will my pending green card petition be dropped
and will I be able to stay and work in the USA while my petition
through my husband is pending? Will my parents be notified of my
marriage? (Not on good terms with them so I rather not, but they had
previously filed using an immigration attorney so will the attorney
tell them?)


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Old Oct 20th 2005, 1:45 pm
  #2  
sobol1978
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Default Re: F-1 student marrying a USC

hi I was in the same situation as you are right now.
I filed while my AOS while on OPT.
File all papers (I-485, I-130- your husband, I-765 work permit, etc.)
and you can stay in US. make sure you file everything at lease 3 months
before your OPT is over so you can get your work permit on time.
Good luck
let me know if you have any questions.
and about your parents- they won't know unless you tell them.
 
Old Oct 20th 2005, 2:39 pm
  #3  
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Default Re: F-1 student marrying a USC

Originally Posted by Mongui
I am a F-1 student who graduated and am on OPT and engaged to my USC
boyfriend of 2 years. My parents previously had filed a relative alien
petition but because I was over 21 it would take a really long time.
After I am married, how should I adjust my status, do I need to leave
the country to do this, will my pending green card petition be dropped
and will I be able to stay and work in the USA while my petition
through my husband is pending? Will my parents be notified of my
marriage? (Not on good terms with them so I rather not, but they had
previously filed using an immigration attorney so will the attorney
tell them?)


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Mongui
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Hi:

The parental petition is irrelevant to filing based upon the marriage.

You don't say if your parents are now US Citizens or not. If they are NOT US citizens, your marriage [not the adjustment] will nullify the I-130. If the petitioning parent is now a US citizen, the I-130 will be "converted" from "FB-1" to "FB-3" but retain the same priority date.
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Old Oct 20th 2005, 6:20 pm
  #4  
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Default Re: F-1 student marrying a USC

Originally Posted by Mongui
Will my parents be notified of my marriage? (Not on good terms with them so I rather not, but they had previously filed using an immigration attorney so will the attorney tell them?)
If you're afraid your parents will find out about your marriage, you're way too immature to get married.

Ian
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Old Oct 20th 2005, 6:43 pm
  #5  
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Default Re: F-1 student marrying a USC

Originally Posted by ian-mstm
If you're afraid your parents will find out about your marriage, you're way too immature to get married.

Ian
Just for the record, I don't agree with this statement. What one chooses to tell other family members is a personal choice, not necessarily based on maturity level.

Rene
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Old Oct 20th 2005, 7:18 pm
  #6  
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Default Re: F-1 student marrying a USC

Originally Posted by Noorah101
What one chooses to tell other family members is a personal choice, not necessarily based on maturity level.
Fair enough. I figure she's hesitant to say anything because she's either afraid of their reaction or she's trying to screw them over by withholding information. Either way, IMHO, not too mature! YMMV.

Ian
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Old Oct 20th 2005, 8:24 pm
  #7  
Mongui
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Default Re: F-1 student marrying a USC

Well Regardless of who thinks its mature or not, I am not asking for
tips regarding my maturity level or family matters. Just a mere request
for information regarding INS matters. Thanks to all who answered.

Mongui
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Old Oct 21st 2005, 6:59 pm
  #8  
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Default Re: F-1 student marrying a USC

Hi! Mongui,

I'm also an F-1 (graduate student) who applied for AOS.

You can download all files required to file AOS from the BCIS website or print them. Your USC husband should be able to show documents that he can support you. There's a required income (poverty line) each year. Also, check the BCIS website for the list of doctors that can do your medical exam.

Some tips: photocopy all you forms & documents before you submit to BCIS (so you have your own file for future reference): organize and label all file/documents the place in a folder then put in mailing envelope; write check or money order for each specific fee required; mail to the BCIS office (preferablly you can track it). I think all marriage based goes to NBC Missouri now...initial processing is in Chicago.

Best wishes on your wedding and I hope your fiance & you will be able to share this special event with your family.

Good luck in your application!
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