An American marrying a Pol

S

Seamus

Registered Users (C)
I am a natural American. I want to marry my girlfiend who is in the US on a student work visa. When I marry her will she have to leave and start a new visa process or can we manage the situation with her here?

Seamus
 
Read the information on this thread:
http://www.immigrationportal.com/showthread.php?t=188386

You two can get married and she can apply for Adjustment of Status (changing from non-immigrant student to resident of the US).

You will need to get married and file I-130 and I-485 (at the same time) to a place known as The Chicago Lockbox. She does not have to leave the country and start a new process, she can do it all from here.

By Natural American you mean, US Citizen by Naturalization? if so, you will need a copy of your Naturalization Certificate.
 
Seamus said:
I want to marry my girlfiend who is in the US on a student work visa.
Click to expand...

would that be Work and Travel J-1 visa? if yes, you need to wait 60 days from her arrival to get married and 90 days before you file for her GC.
 
Thank you. I was born in the US and have citizenship. :) We are now living in the US. How long does it take for this process and she can visit her family in Poland?

Seamus
 
Why the 60 day wait? And why the 90 day wait to apply for her GC? And, yes, it is a J-1 visa.

Seamus
 
From start to finish, her GC should come through in about a year's time. Ofcourse there are no guarantees. She can travel during this process provided she applies for an advance parole document and one is issued to her. If she has accrued more than 180 days of illegal presense in the US (your post does not indicate so), then she should not travel until she gets her green card.
Now since she has a J-1 visa, she can only apply for AOS if there is no 2 year HRR attached to her J-1 visa. If she does have the HRR, then she first needs to apply for a waiver or leave the US for 2 years and then return.
 
Last edited by a moderator:
This is why.

30-60-90 rule

Suppose someone enters on a Non-Immigrant visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
 
Seamus said:
Thank you. I was born in the US and have citizenship. :) We are now living in the US. How long does it take for this process and she can visit her family in Poland?

Seamus
Click to expand...

She needs to file I-131 along with her Adjustment of Status, in order to be able to travel to Poland and return.
 
any particulars about Minnesota? Just to be clear. She will have a ss# and be legal to work for 60 days and one month holiday as of now. Does this change anything?
 
No. And I do not know what you mean about Minnesota... :confused:

The thing is, you do not want to portray her as coming to the US to marry you and Adjust her Status. Because she came with a non immigrant visa and she is not supposed to have an immigrant intent when coming with a non immigrant visa.

If you wanted her to come here to marry you, then she needs a K-1 visa.
 
Oh, the state of Minnesota. I understand. This is something that we recently decided. So, I guess it is still possible from what you are saying. Let me recap...In 60 days from her arrival, we should marry. Then, in another 30 days (90 days after her arrival) we file for her GC...I-130 and I-485 at the same time as well as an advance parole document. And then we wait for an undisclosed amount of time for her GC. Correct? What will her status be after our marriage and after 90 days with the correct forms filled?
 
You understand perfectly. Also I recommend filing for an EAD (Employment Authorization Document).

Her status with USCIS will be legally present in the US until a decision is made in her case. But she can only work (with EAD) and leave the country (with AP).

Here is a guide on how the process of filing will be: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

I hope it goes well for you two.

note: the whole process, from the time you file the forms and send them to chicago lockbox, to the moment she gets her GC in the mail. In the best case scenario should take from 3-6 months. :)
 
Thank you. You are very helpful. I had no idea where to start, and I still may have questions but at least I have some information to get things going. Thank you again. Seamus :)
 
Lol. It is the USCIS Mail Sorting Distribution Center... or something like that, you will find it when you read then information on the forms. You need to mail the complete package there.

These are the addresses:

For USPS Deliveries

U. S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120

or

For non-United States Postal Service (USPS) deliveries (e.g. private couriers):

U. S. Citizenship and Immigration Services
Attn: FBASI
427 S. LaSalle – 3rd Floor
Chicago, IL 60605-1098
 
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