Getting married to my girlfriend who is a green card holder here in us

[David]

Hi everybody. Hope you are enjoying this great summer. I have a question. I am a student on F-1 visa and getting married to my girlfriend this summer. She holds a green card. We have been in love for three years and we are not going to wait any longer. Would I have to leave the country? and if not will I be able to work while awaiting for adjustment? What documents will we need to file?
Any responses will be greatly appreciated.
Thank you very much

[David]

Hi everybody. Hope you are enjoying this great summer. I have a question. I am a student on F-1 visa and getting married to my girlfriend this summer. She holds a green card. We have been in love for three years and we are not going to wait any longer. Would I have to leave the country? and if not will I be able to work while awaiting for adjustment? What documents will we need to file?
Any responses will be greatly appreciated.
Thank you very much

[xandtrick]

You can find all the information @ http://uscis.gov/graphics/howdoi/hdinonimm.htm



http://www.immigrate2us.net

[rhickoss]

yes congrat ! look for papers work on line and file the necessary forms. when that is done, you will be in line for work permit.. not sure which one comes first . But I guess you can file for work permit on F-1 after 9months as well

[Lucy]

ok, here you go.

You do not need to leave the country. You will have to maintain your F-1 status until you apply for adjustment of status.

You can choose between two options:
1. File I-130 for now and wait for about 5 years to get it approved and get a visa number, since your wife is just a green card holder, not a citizen. After you get your visa number, you can apply for AOS and work permit. You will not need to maintain your F-1 status after you apply for AOS (about 5 years from now). Things will go faster once your spouse becomes a citizen, however, you will have to let INS know of the change in her status.
2. If your spouse is pretty close to being able to file for citizenship (a year or so), you can wait for her citizenship, and then file I-130 and AOS (I-485) and application for a work permit all at the same time. Once you do, you do not need to maintain your F-1 status.


Sometimes, with the option #1, your I-130 may get approved before your spouse can even apply for a citizenship. You should consider all of the options and waiting times, which you will find at www.uscis.gov link and the link xandrick posted above.

[Lucy]

whatever you can or cannot apply for as F-1 student ( be it CPT, OPT or hardship EAD), you will have to apply for it separately from your immigration matters, while you are waiting for I-130 to be approved.

[AliBA]

Lucy--Can't help but wonder: since many foreign students go home, I presume David will not be able to leave if he marries if he wishes to maintain student status. I'd guess the marriage to an LPR would prove immigrant intent, violating the basis for an F-1.

[Lucy]

It's true, Ali, but he didn't ask - what if I leave? He asked - would I need to leave?

now, if he has a valid F-1 visa and wishes to travel outside U.S. while he still has that valid F-1 visa, he will most likely not encounter problems at POE. Althouth, there is always a chance of being turned away at POE, especially if the officer finds out about a U.S. spouse.

However, I would NOT leave the U.S. if I didn't have an F-1 visa (I have been here for 3 years since my last visit home, and I am not traveling until I can apply for AOS and get advance parole) because having a spouse in the U.S. (the one that can facilitate your immigration) alone would preclude you from getting an F-1 visa, and considering the fact that she will have actually applied for an immigrant number for him -- he'll never get F-1 visa (now, I know they are not married yet and didn't yet apply for it yet - but it's a hypothetical situation in the future). I am in the same situation as he is (I cannot yet apply for AOS while I still am an F-1 student).

So, do not leave the States until you apply for AOS and get advance parole.

[LPRSpouse]

Guys I am so happy to read this post ! I am F1 student too, who is married to a LPR and I am trying to get into a college. I am out of status, but is within the reinstatement period.

However - this college (which actually gave me an I-20 back in Fall 200) now refuses to issue me another I-20 because I am married to a PR ! When the original I-20 was issued, they told us students in their orienation - that it was not a real I-20, but we would get the real one via mail once we paid our fees. I was transferring to them at the time, but them decided against attending that college and went back to my former college. Now this was all when the SEVIS thing came about, so I did not know much about the way it worked.

So I went back to my former college without transferring back to it - officially, and as such I know that is part of the reason I am being denied an I-20 with this new college.


I spoke to a lawyer who told me I can sue them for discrimination against nationlity. I spoke to a US Cutoms Officer - who told me the filing of the I-130 is between me and immigration- not the school. Immigration and the SEVIS people also told me it is between me and BCIS and not the college.

Its a really long sory of deceit and lies, me losing money from a air ticket I bouught to go home - thinking I was getting the I-20 ! Now they told me I can attend the college on the basis of 'an applicant for PR'.

I am really thinking to sue the daylight out of them - so I do hope I have a case. I am here - now illegally more than ever without the I-20 and my husband's eligibility for naturalization will not be until another 3 years time. I am so frustrated and upset - its just that one form that will make me happy right now.

Any comments and/or suggestions??

[Lucy]

maybe, they just don't want to accept you into a program, and it has nothing to do with your marriage.

Maybe, since you already got an I-20 from them and then abandoned your plans to go to that school, they don't want to give you a new I-20, because the story may repeat and they don't want to spend money and time and effort on you.

Maybe, they think you don't have a chance of getting reinstated in F-1 status, and they don't want to give you a new I-20 because they don't want to spend money and time and effort on you.

hell, it could be plenty of reasons. I stayed in F-1 status for 9 years without ever being out of status...

[LPRSpouse]

I know it is several reasons - which they actually did say there were several issues - I am just wondering if all those reasons are 'legal'.

You managed to stay in F1 status for 9 years - which is all good. But when money is an issue - it is really very hard to maintain. I tried so desperately, and is in a lot of debt as a result - that sometimes I wonder if its worth it.

My I-130 approval (hoping its not denied) should be coming any day now, which is why I so desprately need the **** form.

It has become personal like I said, but that is something they cannot take to court I am sure - so I am going to be pursuing it if its even years from now. The DSO has been rude and even more rude to me and my husband, which is why I am hoping I can sue them and use the money to go to grad school - which would be awesome !

[Lucy]

Good luck! You are gonna make it!

[LPRSpouse]

Lucy - thanks for beind in my corner. I have actually decided to go to to the classes - prove to him that yes I am interested in studying and its not a sham - PLUS - I intend to get straight A's and THEN sock it to the old.....and in the meantime pursue the case - so that if all goes well - then at least immigration will see I did my part by going to classes and was not a 'bad person'....so thanks..