A couple of questions before we file

K

Kirizan

Registered Users (C)
I have been browsing this forum for a few days collecting information, and I have almost all of my questions answered.

First, I'll give a little detail about the situation encase it helps. I am a USC and my soon to be wife is from South Korea. She came here just over 2 years ago on a student (F-1) visa. We meet about a year ago, and are going to get married this week. We are doing a civil ceremony at the court house this week so we can get paperwork started and get her on my insurance, but we will be having an official ceremony at the beginning of May, when our parents can come out to see it. Because of religious reasons we won't move in together till after the ceremony at our church. I am going to put her on the lease to my apartment, put her on my checking/savings account, and join our cell phones together.

My questions are:

Her student visa is contingent on her being a full time student. While her visa is good for another 3 years, if she finished school before the process is completed, could she get deported, or does filing give her temporary right to stay in the country? Is there another form that would allow her to stay during the whole process, or should she plan on enrolling as a full time student somewhere else?

Thank you in advance for your help.

-Nick
 
Thank you very much, this is great news! Now off to make sure we have all the forms we need. Thank you again for you help!
 
hi guys,
i am a permanent resident and my husband is a student on (F-1) visa. We got married in jan and i am about to file I-130. Does anyone know how long it will take to get approved before he can adjust his status. Also wat happens if he is not approved before he goes out of status, does filing give him temporary right to stay in the country? Will a foreign marriage certificate be accepted or do we need to go to the court house here? What other documents are supposed to go along with d I-130

Thanks in advance.
 
solaonil said:
hi guys,
i am a permanent resident and my husband is a student on (F-1) visa. We got married in jan and i am about to file I-130. Does anyone know how long it will take to get approved before he can adjust his status. Also wat happens if he is not approved before he goes out of status, does filing give him temporary right to stay in the country? Will a foreign marriage certificate be accepted or do we need to go to the court house here? What other documents are supposed to go along with d I-130
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The foreign marriage certificate will be accepted.

I-130 approval by itself will not allow him to stay in the US when his F1 status expires. In order to continue to legally stay in the US without active F1 status, he will need to switch to another status like H1B, or file the I-485. The problem is that for spouses of permanent residents, there is about a 4-year wait to become eligible to file I-485, so that would be early 2014. So without H1B, he probably will have to leave the US and pursue the green card process through a US consulate, instead of I-485 in the US. Unless he can somehow stay on F1 status for another 4 years.
 
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