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F-1 to marriage...which road should we take?

F-1 to marriage...which road should we take?

Old Oct 7th 2005, 2:42 pm
  #1  
Rob
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Default F-1 to marriage...which road should we take?

My sitution seems like a common one, however it's been difficult
finding specific information. I hope someone can help.

My girlfriend arrived in the US from Ireland in May on an F-1 visa. I
am her sponsor. We have known each other for several months and had
done the whole long-distance thing. We had talked in the past about
marriage, most likely after she returned to Ireland.

However, since she arrived we have both come to the realization that we
do not want to be separated. We want to be married and live here in the
States. Although we want this more than anything, we do want to do the
right thing.

I understand that the F-1 visa is a non-immigrant visa. I also
understand that it is probably a strike against us that I, as her
boyfriend, am her sponsor.

So, I have the following questions:

-What if we get married before her F-1 visa expires? how would that
change her status, if at all?

-Should we take another path from f-1 to engagement to marriage? Can we
apply for an adjustment of status? Should she finish her education,
return to Ireland and then apply to return as my fianc�?

Ultimately, we'd like to get married and do away with any requirements
for her to be enrolled in college. She'd like to get a part-time job
and go to school part-time.

Can anyone help?

Thanks!
Rob
 
Old Oct 7th 2005, 3:17 pm
  #2  
sobol1978
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Default Re: F-1 to marriage...which road should we take?

how much longer she has in school?
I was F-1 student and i got married before i finished school. and while
on OPT we sent papers (I-485 etc.) i didn't have to leave from US.
i'm not sure how would sending pepers change stuff
 
Old Oct 7th 2005, 4:44 pm
  #3  
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by Rob
My sitution seems like a common one, however it's been difficult
finding specific information. I hope someone can help.

My girlfriend arrived in the US from Ireland in May on an F-1 visa. I
am her sponsor. We have known each other for several months and had
done the whole long-distance thing. We had talked in the past about
marriage, most likely after she returned to Ireland.

However, since she arrived we have both come to the realization that we
do not want to be separated. We want to be married and live here in the
States. Although we want this more than anything, we do want to do the
right thing.

I understand that the F-1 visa is a non-immigrant visa. I also
understand that it is probably a strike against us that I, as her
boyfriend, am her sponsor.

So, I have the following questions:

-What if we get married before her F-1 visa expires? how would that
change her status, if at all?

-Should we take another path from f-1 to engagement to marriage? Can we
apply for an adjustment of status? Should she finish her education,
return to Ireland and then apply to return as my fianc�?

Ultimately, we'd like to get married and do away with any requirements
for her to be enrolled in college. She'd like to get a part-time job
and go to school part-time.

Can anyone help?

Thanks!
Rob

You might want to post this in the Marriage Based Forum - many more helpful people posting there!
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Old Oct 7th 2005, 4:46 pm
  #4  
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by Rob
My sitution seems like a common one, however it's been difficult
finding specific information. I hope someone can help.

My girlfriend arrived in the US from Ireland in May on an F-1 visa. I
am her sponsor. We have known each other for several months and had
done the whole long-distance thing. We had talked in the past about
marriage, most likely after she returned to Ireland.

However, since she arrived we have both come to the realization that we
do not want to be separated. We want to be married and live here in the
States. Although we want this more than anything, we do want to do the
right thing.

I understand that the F-1 visa is a non-immigrant visa. I also
understand that it is probably a strike against us that I, as her
boyfriend, am her sponsor.

So, I have the following questions:

-What if we get married before her F-1 visa expires? how would that
change her status, if at all?

-Should we take another path from f-1 to engagement to marriage? Can we
apply for an adjustment of status? Should she finish her education,
return to Ireland and then apply to return as my fianc鿊
Ultimately, we'd like to get married and do away with any requirements
for her to be enrolled in college. She'd like to get a part-time job
and go to school part-time.

Can anyone help?

Thanks!
Rob
Rob, this would seem fairly straight forward. Get married, file an I485, I-130, and I-765 (to work), I-131 (to travel). People come to US on a Visa Waiver and marry, so doing it on an F-1 isnt hard (I did it!).
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Old Oct 7th 2005, 5:01 pm
  #5  
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by CarlM
Rob, this would seem fairly straight forward. Get married, file an I485, I-130, and I-765 (to work), I-131 (to travel). People come to US on a Visa Waiver and marry, so doing it on an F-1 isnt hard (I did it!).

I know people have done this without a porblem, but from what I readon the marriage based forum, their are POTENTIAL problems. So I personally would not rush into this without seeking more information.
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Old Oct 7th 2005, 7:54 pm
  #6  
amanda992004
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Default Re: F-1 to marriage...which road should we take?

Rob wrote:

    > I understand that the F-1 visa is a non-immigrant visa. I also
    > understand that it is probably a strike against us


You gotta be kidding. When people on illegal status are getting
married and defrauding, you are willing to let stupid rules scare you
from marrying her? Get married and be happy.
 
Old Oct 7th 2005, 8:00 pm
  #7  
amanda992004
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Default Re: F-1 to marriage...which road should we take?

    >You might want to post this in the Marriage Based Forum - many more
    >helpful people posting there! :)

Why bother listening to *potential* problems?

Just get married and file petition for her (I-130) and apply for
adjustment of status (I-465) for her along work permit unless she is
not interested in working till getting greencard which she will get at
interview time. Also, why spend money on travel permit if she has the
passport to use?
 
Old Oct 8th 2005, 12:31 am
  #8  
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by Elvira
I know people have done this without a porblem, but from what I readon the marriage based forum, their are POTENTIAL problems. So I personally would not rush into this without seeking more information.

What potential problems? If the status is valid and they marry, they are free to file to Adjust status. I can't see there is any problem in this scenario.

Rete
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Old Oct 8th 2005, 12:33 am
  #9  
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by amanda992004
    >You might want to post this in the Marriage Based Forum - many more
    >helpful people posting there!

Why bother listening to *potential* problems?

Just get married and file petition for her (I-130) and apply for
adjustment of status (I-465) for her along work permit unless she is
not interested in working till getting greencard which she will get at
interview time. Also, why spend money on travel permit if she has the
passport to use?

It is form I-486 not I-465. And if you have filed for AOS and left the country without advance parole, honey, you are SOL because you have abandoned your status.

To the OP do not take this advice regarding travel. It will only screw up your life.
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Old Oct 8th 2005, 12:39 am
  #10  
gerd94706
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Default Re: F-1 to marriage...which road should we take?

In article <[email protected] .com>, "Rob" <[email protected]> writes:

    > However, since she arrived we have both come to the realization that
    > we do not want to be separated. We want to be married and live here
    > in the States. Although we want this more than anything, we do want
    > to do the right thing.

A few years back (2002), I filed a marriage based I-485 while being on
an L1A visa. The I-485 was denied (I-291) based on public charge provisions.
Our gross income was about 14 times what the poverty guideline required in 2002.
(Before you ask: we were _both_ unemployed at the time of the
interview due to the famous .com-bubble-burst)

We, my then 3 months pregnant wife and I, left the U.S. for me to find
a job and her to get health insurance for the upcoming delivery of our
daughter (not a trivial task for a pregnant woman).

Draw your own conclusions.
My advice is: be very careful and don't assume anything.

Cheers,

Gerd

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email: <[email protected]>
 
Old Oct 8th 2005, 2:02 am
  #11  
 
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by gerd94706
In article <[email protected] .com>, "Rob" <[email protected]> writes:

    > However, since she arrived we have both come to the realization that
    > we do not want to be separated. We want to be married and live here
    > in the States. Although we want this more than anything, we do want
    > to do the right thing.

A few years back (2002), I filed a marriage based I-485 while being on
an L1A visa. The I-485 was denied (I-291) based on public charge provisions.
Our gross income was about 14 times what the poverty guideline required in 2002.
(Before you ask: we were _both_ unemployed at the time of the
interview due to the famous .com-bubble-burst)

We, my then 3 months pregnant wife and I, left the U.S. for me to find
a job and her to get health insurance for the upcoming delivery of our
daughter (not a trivial task for a pregnant woman).

Draw your own conclusions.
My advice is: be very careful and don't assume anything.

Cheers,

Gerd

--
email: <[email protected]>
What conclusion, Gerd? I don't get your point. Are you telling me that even unemployed, you had no assets? Or you did, you did document them in your Affidavit of Support AND the officer wouldn't accept assets in place of employment?
I was unemployed when my I-864 was adjudicated; it didn't hinder my case at all.

Hmm, talked myself into seeing your point: Don't assume *anything* will work out as planned.
Did you guys ever come back to the US, or having a happy life elsewhere?
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Old Oct 8th 2005, 2:08 am
  #12  
 
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by Rob
My sitution seems like a common one, however it's been difficult
finding specific information. I hope someone can help.

My girlfriend arrived in the US from Ireland in May on an F-1 visa. I
am her sponsor. We have known each other for several months and had
done the whole long-distance thing. We had talked in the past about
marriage, most likely after she returned to Ireland.

However, since she arrived we have both come to the realization that we
do not want to be separated. We want to be married and live here in the
States. Although we want this more than anything, we do want to do the
right thing.

I understand that the F-1 visa is a non-immigrant visa. I also
understand that it is probably a strike against us that I, as her
boyfriend, am her sponsor.

So, I have the following questions:

-What if we get married before her F-1 visa expires? how would that
change her status, if at all?

-Should we take another path from f-1 to engagement to marriage? Can we
apply for an adjustment of status? Should she finish her education,
return to Ireland and then apply to return as my fianc鿊
Ultimately, we'd like to get married and do away with any requirements
for her to be enrolled in college. She'd like to get a part-time job
and go to school part-time.

Can anyone help?

Thanks!
Rob
Rob,
Getting married to a USC in itself will do nothing for her status.
She is already in the US, and eligible (likely) to Adjust Status. Once she's filed the I-485, she can apply for a work permit and travel permission. If she does not maintain her school agreements, her F-1 status dies, so she should not travel on it.

Look, the easiest way to do this right is find a FAMILY based immigration attorney and meet with her for a half hour/hour to cover your bases. You don't necessarily need to hire someone to fill out forms for you, but seeing as you have the addt'l factoid of you being her sponsor, and the previous romantic relationship, visiting w/a lawyer is a good way to make sure there isn't anything lurking in your future. It doesn't cost much, and the peace of mind will be priceless. Make sure that you walk away with a good understanding of what your future steps will be (what to file, where it goes etc) and don't be shy to visit alt.visa.us.marriage-based for more specifics as you go along.
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Old Oct 8th 2005, 2:11 am
  #13  
 
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by amanda992004
    >You might want to post this in the Marriage Based Forum - many more
    >helpful people posting there!

Why bother listening to *potential* problems?

Just get married and file petition for her (I-130) and apply for
adjustment of status (I-465) for her along work permit unless she is
not interested in working till getting greencard which she will get at
interview time. Also, why spend money on travel permit if she has the
passport to use?
Thanks for sharing; read the OP.

She wants to work part time, school part time.
That would invalidate her F-1 for travel and she *does* want to work.

Why chintz on the money to be properly documented? Tried getting a driver's license without an EAD these days? There's a lot more to life in the US than just making it over the border.
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Old Oct 8th 2005, 2:46 am
  #14  
Bob
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Default Re: F-1 to marriage...which road should we take?

Originally Posted by amanda992004
Just get married and file petition for her (I-130) and apply for
adjustment of status (I-465) for her along work permit unless she is
not interested in working till getting greencard which she will get at
interview time....
don't presume that either....background checks and all that....I had my AOS interview last March, provisionally approved pending name check, which since has come through, but my case officer is on maternity leave and no one is signing off on my case, so I still don't have a greencard 7 months later.
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Old Oct 8th 2005, 3:44 pm
  #15  
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Default Re: F-1 to marriage...which road should we take?

Rete wrote:
    > > >You might want to post this in the Marriage Based Forum - many more
    > > >helpful people posting there! :)
    > >
    > > Why bother listening to *potential* problems?
    > >
    > > Just get married and file petition for her (I-130) and apply for
    > > adjustment of status (I-465) for her along work permit unless she is
    > > not interested in working till getting greencard which she will get
    > > at
    > > interview time. Also, why spend money on travel permit if she has the
    > > passport to use?
    > It is form I-486 not I-465. And if you have filed for AOS and left the
    > country without advance parole, honey, you are SOL because you have
    > abandoned your status.

Thanks for clearification. My point was based on the fact that they
wanted to be together and so she wouldn't be in a rush to go out of the
ountry before getting the GC.

    > To the OP do not take this advice regarding travel. It will only screw
    > up your life.
    > --
    > I'm not an attorney. This disclaimer is valid in NYS!
    > Posted via http://britishexpats.com
 

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