Vn Heaven

I came here in 1998 as an international student. My visa will be
expired in July 2005. I ve been dating my BF for 2 years, and now we
are planning to get married. As you guys 've experienced in the
process, I will be really appreciate if you guys can help me on these
first two questions and please give me any advices if you think they
are useful for me:
1. How is the process? Is it really hard that I need a lawyer?
2. Do I have to get married (such as wedding, living together) before
filing for the petition?
Thank you very much.

brownin

As your student visa expires very soon, it doesn't matter whether you apply on the K1 (fiancee) or K3 (spouse), as you will most probably have to return to your country of origin before.

Bearing that in mind, the K1 visa is usually the fastest option, although you will have to go home when your visa expires, you shouldn't have to wait too long until you can come back and get married.

1] I am currently going through the K1 visa process, it is not hard and I haven't used a lawyer. I think that the use of a lawyer is only neccessary if you have complications that you think will lead to your visa being denied.
A useful website that has examples and tips to help you fill in your applications is http://www.visajourney.com
I have used this website and haven't had any problems so far, our I-128f petition is complete and we're going to send it off soon.

2] You only marry before the petition if you are going for a spousal visa, but as I said you will still have to go back to your country of origin and these visas generally take longer.

I hope that I have helped you.

Rete

You do not have to do a K-1 or K-3 nor do you have to leave the country.

Not true in the case of an F-1. Your D/S will cover any issue of overstay between leaving school and marriage and filing for Adjustment of Status.

You cannot file for AOS until you marry. Once married your spouse files an I-130, I-864 for you and you at the very same time will file the I-485, 2 G-325A's, I-765 for work authorization and if you want to travel while the AOS is pending an I-131 for Advance Parole.

The process is not difficult for those that are thorough and paper oriented. Having an attorney in your corner is helpful as well though for people who want to take some of the stress out of the process, have health or criminal or overstay or entry issues. Having an attorney means that when you move you don't have to worry about the CIS not changing your address promptly as the attorney will receive copies of all correspondence form the CIS as well as yourself.

You can find a list of documentation needed at www.visajourney.com

Good luck

Rete

jeffreyhy

VH,

There are two ways to use an attorney - retain one to work for you, or consult with one to get the information you need to make your decision on how you wish to proceed.

A consultation shouldn't cost any more than 1 of the numerous petitions and applications you will be submitting throughout the process, and a good attorney won't try to sell you their services if you don't need them. The tips and advice you will gain from a consultation will be well worth the money.

Regards, JEff

Folinskyinla

Hi:

Whether or not you retain an attorney is YOUR CHOICE and no one elses.

The "need" for an attorney varies from case to case and the reasons vary just as much.

I often analogize many immigration cases to filing tax returns -- do you do them yourself or do you hire a CPA or HR Block? I also use the tax returns as an analogy to it is "simply" filling out forms.

I could do my own tax returns and I chose not to -- my CPA is good and is up on the tax laws and I've been using her for over 20 years now. But note that **I** have to compile the information and give it to her so she can use it -- and she is quite good at instructing me on what is needed.

Based upon the facts which you describe, your case looks pretty straightfoward and, in fact, is the "classic" situation for which adjustment of status was created. Please note my qualifications [e.g. being somewhat wishy-washy] -- I don't know your entire situation so I can NOT really give any real advice. [Old statement: I am a lawyer, but I am not YOUR lawyer.].

Good luck.

[email protected]

Hi All,
Thank you very much for all of your advices. They are really useful to
me.
I am confused about marriage before filing the petition. Is that the
civil marriage in order to get the marriage certificate?
Have a nice day

Noorah101

Yes. You need to get married before you can file any petition to remain here in the USA. You can go to your local courthouse and get married by a Justice of the Peace fairly quickly. Or, you can plan an elaborate wedding in a church, performed by a minister if that suits you better. You just need to be married and get the certified copy of marriage certificate in hand so you can file the petitions.

Rene

sea_dave

good luck to you