ian-mstm

Further to this, if the FSA person at your school says that an F-1 visa does not carry "dual intent", you can safely ignore that person.

Ian

S Folinsky

Catholic Charities may be of assistance. If they can't they might be able to refer you to someone who can. You need not be Catholic to use their services.

Bass Cadet

Apparently the Office of International Programs at my school does 'not assist students in adjustment of status cases'

Can anyone give me an idea of how long it takes to get everything together? Including all the forms, documentation and medical etc? Basically need to get a rough timeline of when I start filling out forms to finally sending off all the documentation...are we talking 3 to 4 weeks maybe?

Thanks

randomgirl

It took me about 1 to 2 weeks in total to get all the AOS forms completed and get my medical stuff done. I guess it depends if you have what you need already (e.g. if you needed to send off for a long form birth certificate then obviously that would delay things somewhat). If you already have the required documents then it's just a case of completing the forms and organizing the medical, which shouldn't take long.

Bass Cadet

Thanks randomgirl...I was talking to a friend last night who said that it took her 4 months to get all the documentation!! That had me kinda worried but I think she had a lot of problems as her husband overstayed a visa and had a couple of legal wrangles that had to be ironed out.

The long form birth cert is on the way over and i'll be getting my doctor appointment asap

Did you do it all yourself or get an attorney's help?

randomgirl

4 months?! Yeah, that must've been a complicated case!
We didn't use an attorney for the AOS but we did for my K-1 visa. Didn't have any problems with the AOS stuff so kind of wish we hadn't used an attorney for the visa stuff!!!

Once you're married you'll need a certified marriage certificate so that you can send a copy of it with your AOS package. It didn't take long for us to get it - we took the certificate signed by our minister to the courthouse a few days after our wedding and they gave us the certified copy within about 5 minutes

Good luck with everything!

Bass Cadet

Hi again,

Thanks for all the help and support so far.

I havn't mentioned the fact that my fiancé (US citizen) is currently a full time student (29 years of age) but will graduate this semester.

I've read alot about the need of my 'spouse's ability to support me financially'....will the fact that she is still a student and has present very modest income affect my application?

Thanks

Noorah101

Go to www.uscis.gov, Forms, and look at the I-864 and I-864P. On the I-864P, look at the 125% column for your wife's household size plus the immigrant (you). That is the minimum amount she needs to be earning annually in order to sponsor you on the I-864. If she doesn't meet that amount, she can use assets (cash in the bank works best). Assets must be 3x the amount she would have needed in income.

If you are working legally in the USA, your income can be included on the I-864 as well, as can your assets.

If she doesn't meet the income/asset requirements, a joint sponsor can be used. The joint sponsor must meet the income level for his own household size plus the immigrant. If using assets, the joint sponsor's assets must be 5x the amount needed in income.

Rene

Bass Cadet

Thanks Rene,

I've read the forms and I doubt she can meet the minimum requirement although she has no dependents. She has little or no assets to speak of or cash in the bank, as she is still a student.

As im still a full time student here in the US, I do not work. I do however have assets, cash in the bank and own a house back home. Would my assets be taken into consideration?

When you mention 'joint sponsor'...does this person have to be related to my spouse? Or could I use, say a relative of mine, living here in the US who is a US citizen/permanent resident?

Thanks

meauxna

You can review form I-864, available at uscis.gov, as a starting point. You and your spouse should understand it before proceeding.

ian-mstm

No.


Anyone - anyone at all - over 18, living in the US, who is a USC or PR is eligible.

Ian

MisterM

Hi, I hope this thread is related enough to my query. Sorry for the bother if it's not.

My wife, non-US citizen, and I, US citizen, were married overseas in early 2010. Now I plan to return to the US for work, and she to the US for a Masters degree. She's already been accepted into her desired program, and was planning on getting an F-1 student visa and starting in the fall.

But I'm wondering: Should I apply for the preliminary green card proceedings now, because we plan to stay on in the US after she graduates? Or will it affect her visa status? Is it too late to begin this green card stuff now, if she hopes to gain entry to the US by early August?

Also, by being married to me, is she in any way disqualified from holding an F-1 student visa?

Thanks.

ian-mstm

An immigrant visa is always the easiest route. However, I need to point out that this is in direct conflict with the spirit of the F-1 visa which requires non-immigrant intent *at the time of application*. It might be better, therefore, to hold off on applying for a family-based visa until such time as the F-1 is granted. In fact, if she gets the F-1 visa, she won't even need an immigrant visa since, by then, she'll already be in the US. Once you're both in the US, she can apply to adjust her status based on her marriage to you. Filing to adjust her status will not conflict with her degree program.

Ian

MisterM

Thanks for your prompt response, Ian.

Do you think our marriage could come up during her F-1 interview? And would it be considered 'failure to disclose' or some such if she applied for F-1 with full intent of transitioning to a Green Card on the basis of a two-year old marriage?

Noorah101

To my knowledge, an F-1 visa applicant must show clear non-immigrant intent. Yes, I would expect the fact that she's married to a USC to come up, and hinder her chances for an F-1 visa, especially if the plan really is to remain in the USA after she graduates.

In my opinion, the best way for you to go would be the marriage-based Immigrant Visa instead. If you (the USC) been living overseas more than 6 months, you can do what's called Direct Consular Filing (DCF), and the process only takes about 5 months (so maybe in time for fall semester).

Rene