mlano

Hi,
I was hoping if someone can tell me if I have the right idea. My fiance has been in the US several with me times as a student and once for temporary employment. She will come back in January for her last semester of school on a visa (i dont know which). We have been engaged for a year and want to get married now. In a nutshell, I think we are supposed to do the following, and this will complete her US citizenship process:

1) file I-129f, and wait for the approval for her to come (but she will already be here via her school visa)

2) attach with I-129f--form g-325a.

3) once we receive a response we are to get married within 90 days

4) once married apply quickly form I-485 (Application to register or adjust status)

4) file Form I-751, Petition to Remove the Conditions on Residence

Can anyone tell me, is this the complete and correct procedure?
I appreciate your time, truly.
Mike

PS: I've been hearing omething about an EAD (Employment Authorization Document) the I-766. Once this is filled out, is she able to work anywhere, unrestricted?

hoosier wannabe

In reading this post, i think youve got the idea.......... BUT arent you supposed to file through a service center and then in the country that your fiance originates from?

My wife sent the I129 to Nebraska which in turn was sent to the NVC and onto London (where my interveiw was held and where i got my visa). It might be different for you guys since shes already in the country........... just dont whatever you do DO NOT enter the 10 foot pole zone. If your confused about that....... search on Folyinskis (the cool lawyer) posts........

With regards to the EAD........ once you can........ apply for it asap! It very rarely gets to you before the 90 days are up and you usually have to go and get the interim. The EAD allows you to pretty much get any legal job apart from President of United States I didnt have any problems getting the job i have now.

Im sure someone will disagree or back me up........ but this newsgroup is the place to be!

Good luck to ya!

Shaun

ukmancoll

Hi Mike,

I have been around this forum for about 2 years, and this is the first time I have replied to help someone - it is normally me asking all the questions! I will try and help you as best I can, although I can't promise my answers are exactly correct. No doubt some of the more knowledgeble people on here will correct me if need be.

Anyway, all of the the forms you are talking about are relating to the K1 Fiance visa. I am not sure if it is possible to adjust status from a Student visa to a K1 visa, but if it is, at some point your fiance will have to return home to attend an interview at the American Embassy in her home country.

Are you an American citizen? I am guessing so - you would need to be to sponsor her for the K1 visa.

Basically, how the K1 works is:

1) You (the American citizen) sends off a packet to your local service center which includes the I-129F, the G-325A, proof of meeting in the last 2 years, passport photos, some letters of intent, $165, and a few other bits and pieces.

2) Once you have had the approval back (shouldn't be long, depending on if you get a request for more evidence or not), you send some information to your fiance in her home country who then completes the process in her home country. She will have to have medicals and fill in forms. You will have to provide an Affadvit of Support to show you can support her and she will not become dependent on the state. You have to be earning 125% over the published poverty line.

3) Once she has had the interview in her home country, she will normally get the visa the next day. She then has 6 months to come over here. Once she is over here she has 90 days to get married.

The whole process can take anywhere between 3 months and 10 months, depending on what service center you have to use, what country your fiance is from, etc.

What you need to find out is if this is the right process for you. You need to find out if it is legal to just get married and have her adjust status from her student visa to a permanent resident status. This road is fairly lengthy and still has lots of forms, etc, to fill in and send off.

It doesn't sound to me as though the K1 visa (which is what you are talking about) is the best route, unless she cant adjust status from a student. If you do the K1 route (or even the K3 route, which you start after you are married), be prepared to be seperated from your fiance for a while.

Hope that helps.

PS - the Employment Authorisation Document is something your fiance applies for after you are married. She can apply for adjustment of status AND the EAD at the same time. It rarely comes quicker than 90 days, but on the 91st day, she can apply for a temporary card until the permenant one comes.

jeffreyhy

mlano,

This is an incomplete and incorrect procedure.

I recommend that you start reading the FAQ found on this site.

Regards, JEff

Bluegrass Lass

Thanks, UKman for typing all of that out - I was too lazy to do so earlier.

Mlano, depending on the student visa (is F1 the only student visa available?), she can adjust status if you get married while she is here on that visa. There are plenty of folks who have done just that. Do a search on here for posts that have "Adjusting from F1" (or similar) in the subject heading.

Or you could start start the K1 rolling while she is still here on her student visa. That way when she does have to return home, the I-129f may (nothing guaranteed) have been approved, and then all she would need is an interview at her home embassy then she could return here. That would mean not too much time apart.

Regardless of marrying on the K1 or while she is here as a student, she will need to file the I-485 to Adjust Status to a Permanent Resident after marrying you. This is a very important step, and should be done within that 90 day window (assuming she entered as a K1). This does not give her US citizenship, but, upon approval, will give her Permanent Resident (Green Card) status. If you want her to work while waiting for AOS to be approved, you will have to file the I-765 Employment Authorization Document. This could take about 2-3 months (depending on your locale) to get approved. To make a long story short, she can apply for US citizenship (assuming you're still married) 3 years after the I-485 is approved.

What I'm wondering though, and hopefully someone else can input something here, is if they get married while she is here on a student visa, could the question of intent be raised at the AOS interview? After all, she would have been here several times on different visas so couldn't USCIS think that they planned it all along?

J Moreno

In article <[email protected]> , mlano
<member29045@british_expats.com> wrote:

    > Hi,
    > I was hoping if someone can tell me if I have the right idea. My
    > fiance has been in the US several with me times as a student and once
    > for temporary employment. She will come back in January for her last
    > semester of school on a visa (i dont know which). We have been
    > engaged for a year and want to get married now. In a nutshell, I
    > think we are supposed to do the following, and this will complete her
    > US citizenship process:
    >
    > 1) file I-129f, and wait for the approval for her to come (but she will
    > already be here via her school visa)
    >
    > 2) attach with I-129f--form g-325a.
    >
    > 3) once we receive a response we are to get married within 90 days
    >
    > 4) once married apply quickly form I-485 (Application to register or
    > adjust status)
    >
    > 5) file Form I-751, Petition to Remove the Conditions on Residence
    >
    > Can anyone tell me, is this the complete and correct procedure?
    > I appreciate your time, truly.

Well, it doesn't complete the citizenship process, but it does get her
into the US as a permanent resident, give or take an interview or
two...

OTOH, (1) is wrong, she won't be here on a school visa if she intends
to marry you and stay. She'll need to return to her home country.

If I was you, I'd explain that to her, have her make arrangements to
return, and then surprise her with an elopement. Then pick it up at
(4).

--
J. Moreno

Just Jenney

Sorry, your last comment sounds a little strange.

Are you suggesting that she enter the US on a student visa as planned, then the OP tell her she has to return to her home country, advise her to make travel arrangements to do so, but before she leaves he "surprises her with an elopement" and files for AOS?

A few problems with this suggestion.

First, if they marry and she then leaves the country, she cannot simply return to the States again. She'd need a spousal visa. So that means they'd be separated and she couldn't return to school.

(Unfortunately you didn't mention this to him, but I'm sure if they knew that was the case, they wouldn't want that to happen, so then she'd stay in the US after all. That means those travel arrangements that he would "have her make" would have to be cancelled. What if they're nonrefundable? Not cool.)

Second, how does one "surprise" his fiancee with an elopement? Unless you're in Vegas, marriage is not exactly a spur-of-the-moment thing. You still need to have a marriage license and all that. Plus, you're assuming that she (and/or the OP) doesn't care about having a traditional, planned wedding. Lots of people (esp women) don't want to elope.

Third, you don't mention to the OP that once they marry and file for adjustment, she'd also need AP if she ever wanted to leave the US prior to getting her conditional green card. Since the OP is under the impression that the completion of a K1 visa means US citizenship is granted, details that many of us would consider obvious must be explained.

No offense, but I don't think your suggestion is a good one at all. It seems to me really that the OP needs to find out whether they can marry and adjust her status while she's in the US on her student visa. (I personally don't know.) What you are suggesting could potentially put her outside the US and require a spousal visa for her to return, which not only would mess up their life plans, but also her schooling.

~ Jenney

J Moreno

Jenney & Mark <member2595@british_expats.com> wrote:

    > > mlano <member29045@british_expats.com> wrote:
-snip-
    > > > 1) file I-129f, and wait for the approval for her to come (but she
    > > > will already be here via her school visa)
    > > >
    > > > 2) attach with I-129f--form g-325a.
    > > >
    > > > 3) once we receive a response we are to get married within 90 days
    > > >
    > > > 4) once married apply quickly form I-485 (Application to register or
    > > > adjust status)
    > > >
    > > > 5) file Form I-751, Petition to Remove the Conditions on Residence
-snip-
    > > If I was you, I'd explain that to her, have her make arrangements to
    > > return, and then surprise her with an elopement. Then pick it up at
    > > (4).
    >
    > Sorry, your last comment sounds a little strange.

Once they are married, she'll need to file for adjustment, and then
later file to have conditions removed.

    > Are you suggesting that she enter the US on a student visa as planned,
    > then the OP tell her she has to return to her home country, advise her
    > to make travel arrangements to do so, but before she leaves he
    > "surprises her with an elopement" and files for AOS?

Somewhat, but not exactly...he should tell her that she should come her
for schooling, but that she'll have to return so they can file for the
K1, then when she's here, he should propose that she doesn't go back
home. This will probably be a bit inconvenient (her having planned on
returning) but less so than being separated for a year...

    > A few problems with this suggestion.
    >
    > First, if they marry and she then leaves the country, she cannot simply
    > return to the States again. She'd need a spousal visa. So that means
    > they'd be separated and she couldn't return to school.

Hopefully she'd qualify for AP, and then she could return if she wanted
to -- but there's a very good chance that there won't be any pressing
reason for her to return, she might just be able to wait out the AOS.

    > (Unfortunately you didn't mention this to him, but I'm sure if they knew
    > that was the case, they wouldn't want that to happen, so then she'd stay
    > in the US after all. That means those travel arrangements that he would
    > "have her make" would have to be cancelled. What if they're
    > nonrefundable? Not cool.)

Better than spending a year apart.

    > Second, how does one "surprise" his fiancee with an elopement?
    > Unless you're in Vegas, marriage is not exactly a spur-of-the-
    > moment thing. You still need to have a marriage license and all
    > that. Plus, you're assuming that she (and/or the OP) doesn't care
    > about having a traditional, planned wedding. Lots of people (esp
    > women) don't want to elope.

Once she's here, he can propose and spend a reasonable amount of time
on it, having her family attend may or may not be a problem. But that
can always be done later as a blessing ceremony.

    > Third, you don't mention to the OP that once they marry and file for
    > adjustment, she'd also need AP if she ever wanted to leave the US prior
    > to getting her conditional green card. Since the OP is under the
    > impression that the completion of a K1 visa means US citizenship is
    > granted, details that many of us would consider obvious must be
    > explained.

True. I was a bit brief. But that's the plan I'd look into if I
could...

    > No offense, but I don't think your suggestion is a good one at all. It
    > seems to me really that the OP needs to find out whether they can marry
    > and adjust her status while she's in the US on her student visa. (I
    > personally don't know.) What you are suggesting could potentially put
    > her outside the US and require a spousal visa for her to return, which
    > not only would mess up their life plans, but also her schooling.

Certainly a student can adjust status -- unless she has a residency
requirement attached to her visa, and if that was the case presumably
he'd have mentioned it.

--
J. Moreno

Just Jenney

If she can marry and adjust status while here on a student visa, then I'm curious as to why you didn't suggest that. Seems a lot less complicated than your original suggestion!

~ Jenney

J Moreno

Jenney & Mark <member2595@british_expats.com> wrote:

    > J. Moreno wrote:
    > > Jenney & Mark <member2595@british_expats.com> wrote:
    > >
    > > > No offense, but I don't think your suggestion is a good one at
    > > > all. It seems to me really that the OP needs to find out whether
    > > > they can marry and adjust her status while she's in the US on her
    > > > student visa. (I personally don't know.) What you are suggesting
    > > > could potentially put her outside the US and require a spousal
    > > > visa for her to return, which not only would mess up their life
    > > > plans, but also her schooling.
    > >
    > > Certainly a student can adjust status -- unless she has a residency
    > > requirement attached to her visa, and if that was the case presumably
    > > he'd have mentioned it.
    >
    > If she can marry and adjust status while here on a student visa, then
    > I'm curious as to why you didn't suggest that. Seems a lot less
    > complicated than your original suggestion! :)

Being able to adjust status while here as a student, isn't the same
thing as being able to come here as a student while INTENDING to adjust
status...

Generally, unless you're here on a K1 visa for someone else or have a
visa that specifically requires you to return home (as I said above,
some student visas have that as a requirement), as long as you are here
legally, you are good to go...but coming here intending on getting
married, without a visa that is good for immigration, isn't legal.

--
J. Moreno