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fiance has F-1 Student visa we want to marry

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  • fiance has F-1 Student visa we want to marry

    I am engaged to marry my fiance, we are both students. I am a u.s.-born-citizen and I have been living in georgia for over 10 years. She moved to georgia from Japan about 2 years ago on her F-1 student visa. If we marry what will be the effects?

    Is she still going to be able to visit Japan, will she need a U.S. passport?

    Will she then be a U.S. resident and how long will it take for this to "kick in?"

    What do we have to do?

    And will she have to file any paperwork with our university?

    Does she then lose her student visa, does she need anything else to stay here?

    Also can she still keep her japanese citizenship, and if so for how long?

    I am sorry I am so clueless about this topic. I searched all over WWW.USCIS.GOV but couldn't figure out anything regarding our particular circumstances. could some one please help?

  • #2
    I am engaged to marry my fiance, we are both students. I am a u.s.-born-citizen and I have been living in georgia for over 10 years. She moved to georgia from Japan about 2 years ago on her F-1 student visa. If we marry what will be the effects?

    Is she still going to be able to visit Japan, will she need a U.S. passport?

    Will she then be a U.S. resident and how long will it take for this to "kick in?"

    What do we have to do?

    And will she have to file any paperwork with our university?

    Does she then lose her student visa, does she need anything else to stay here?

    Also can she still keep her japanese citizenship, and if so for how long?

    I am sorry I am so clueless about this topic. I searched all over WWW.USCIS.GOV but couldn't figure out anything regarding our particular circumstances. could some one please help?

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    • #3
      Don't listen to the schmucks here. First you get a prenupital agreement. Have it translated in her language as well and make sure she has her own attorney to review it with her. Then you get married. You file for adjustment of status (AOS), application for residency, work authorization, and advanced parole (AP) all at the same time. She MUST have the advance parole in order to travel. Once you file for AOS, the student visa is NOT valid and she should not use that to travel. In about a million years they call you for an AOS interview. In you are married for less than two years she is granted conditional status. If married for more she gets it unconditionally. If unconditional she has to file for removal of conditions 18 months later with I-751. About a billion years later, they will give her an unconditinal green card. Once she gets the unconditional green card, she is almost guaranteed to get the unconditional green card even with a divorce or if she murders you. In fact, murdering you will even expedite her getting it. Once she gets the unconditional green card she is free to divorce you and try to get everything you own. But because you listened to me, you will have the prenupital agreement to save your sorry a s s.

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      • #4
        Japan to Georgia; now thats an adjustment !

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        • #5
          Tomoko,

          Michael has answered most of your questions (with his unnecessary comments inserted in between).

          He is correct - after you are married you need to adjust status so she can start the paperwork to become a permanent resident. She will most likely want to apply for an EAD so she can work in the meantime. Like Michael said, if she wants to travel back to Japan then she will need advance parole. She is not entitled to a U.S. passport until she becomes a citizen (she can apply for that after 3 years from the date she is granted permanent resident status). She will be considered a lawful permanent resident when her AOS is approved (this can take 1-2 years depending upon service center).

          As far as her university is concerned, you can notify them when she applies to adjust status that she is no longer an international student. As long as she has applied to adjust status then she is legally allowed to remain in the U.S.

          She will retain her Japanese citizenship up until the time she attains U.S. citizenship (if she decides to become a USC). Japan currently does not recognize dual citizenship so she can not be a citizen of the U.S. and Japan. But, this decision is many years away. It will most likely take you at least 3-4 years until she becomes eligible to apply for U.S. citizenship.

          There are many web sites that describe the process of adjusting status towards PR status.

          Try this web site for a list of FAQ sites:

          http://britishexpats.com/forum/showt...hreadid=164511

          Good luck!

          Comment


          • #6
            These are the forms you will need to file:

            http://uscis.gov/graphics/services/residency/family.htm
            http://uscis.gov/graphics/howdoi/LPRApplication.htm

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