jsav

I'm sure I could have found this info on google, but I'd prefer to actually speak to people with experience.

I'm currently in the US as a student on an F1 visa. I've been here for almost 2 years and have another 2 years of college left. Since I have been here I have met the girl of my dreams and the love of my life. We've been dating for almost a year and half and have been living together most of that.

I really want to marry her, but I don't want do anything without knowing "the rules" first.

I'm sure that there is nothing stopping me from marrying her tomorrow, but what is the process that I would have to go through to make this official with the US in regards to my status? Will it affect my studies and will I have to return to the UK at all?

Thanks.

ian-mstm

That is correct.


If she is a USC, get married. She files forms I-130, I-864, and G-325A. Concurrently, you file forms I-485, I-131, I-765, and G325A. Of course, included with each form is the evidence, documentation, and required fees. Everything gets sent all together in one large package to the address listed on the I-485 having jurisdiction over where you live.

Once the I-485 is accepted for processing, you are allowed to remain in the US under "color of law" completely independent of your F-1 status, until the I-485 is adjudicated. Once the I-485 is approved, you become a US permanent resident and get a green card. Easy peasy!


No, and no.

Ian

jsav

It's really that simple? Wow, I'm amazed. No need to get an immigration attorney involved? Thanks for the information. You've put me in a really good mood.

ian-mstm

Yes... it's quite easy as long as you're already in the US in some sort of status other than a visitor!


No, not unless you have a prior criminal history or overstay issues. Most of us here have successfully adjusted status (Adjustment of Status = AOS = what you'll be doing) without an attorney. Like those who prefer to use a specialist to prepare their annual tax return rather than do it themselves, some people choose to engage an attorney because it helps them sleep better at night - but, that said, it's a pretty straight forward process... and everyone here can help you.


Glad to help!

Ian

S Folinsky

Take a look at the "wiki" -- http://britishexpats.com/wiki/Adjustment_of_Status

Is it "simple?" -- some people think so, others are overwhelmed. Does one "need" an attorney? What is a "need" can vary quite a bit. That is up to you. Many of the posters here have a strange prejudice against use of attorneys -- but again the choice is yours.

Also, there may be certain problem areas -- the affidavit of support is a common one. Do you have any criminal record, ANY at all? Does your beloved have any criminal record [that is usually less problematical, but it can cause problems].

Good luck.

jsav

Haha, expect a few more questions in the near future. Thanks again, Ian.

In what way can the affidavit of support be a problem? Nope, no criminal record of any kind and neither does she.

Thanks.

Noorah101

If the income requirements can't be met, or you don't have enough in assets, or can't find a joint sponsor....then it becomes a problem.

Rene

jsav

Are you talking about to change my status and get a green card?

Noorah101

Yes.

The affidavit of support is Form I-864, found at www.uscis.gov (along with all the other forms you'll need). Form I-864P shows the level of income required. Assets must equal 3x the amount lacking in income. If you can't meet either of those requirements, a joint sponsor can be used. Details are in the I-864 instructions.

Rene

jsav

Currently I receive around $1000 a month from my sponsor in the UK which will continue as long as I am in school. Is this just for me or my girlfriend too? She makes well over the average annual salary.

Noorah101

The USC fills out the I-864, listing her income. If your fiancee already makes over the I-864P requirement, then don't bother with your own income from the UK. My guess is that your income might not qualify on the I-864 anyway, since it will stop when you stop being a student in another 2 years.

Rene

jsav

Oh, I see now. Well that clears that up then. Thank you for your help.

Hotscot

Hey young man....good luck with marriage and life here in the US. I hope you also take the wife to the UK and Europe at some point. See the world.

(What are you studying for a career?)

jsav

Thank you very much. I'm very excited about the future. I took her back home last June and she loved it. We're heading back over in May and planning a trip to Paris while we are over.

I am studying GIS (Geographic Information Systems) and Geography with a concentration in urban and regional planning.

Hotscot

I was taking my wife to a mid range restaurant in Edinburgh last year but instead took her to the airport and a surprise visit to one of the best restaurants in Paris. Her reaction was priceless....

Those are good topics of study, especially if you can tie in energy/water resource management aspects which are major issues. I'm sure you're studies will incorporate those.