F-1 Marriage to a USC

mannanmalik

New Member
Ok...I have quite alot of questions that need to be cleared out:

I am on F-1 visa just graduating from school in August. I am getting married to my fiance in September and after that we will apply for my greencard.
We've known each other for over 10 years and have been dating for almost 2 years. It has mostly been a long distance relationship. Our parents wants us to get married, because we talk alot and I fly down to TX to see her alot since it is CULTURALLY/RELIGIOUSLY not acceptable. And OFCOURSE we want to get married!
My wife and I will be living apart after our marriage for 10 months after which she will move in with me. Reason is she is pursuing her MBA in TX and I am studying for my CPA exam in OH. We have proofs of our registration.

My questions:

1) Where should I send in my application? Is it better to send it in OH or TX(where the sponsor lives)
2) Since we both are students and do not have any income besides income from my on-campus jobs I had, should she file an I-864 with 0.00 income and have a joint sponsor? I am living with my brother who is a permanent resident> he earns enough income to be considered a joint sponsor. In this case should both my wife and brother file the I-864?
3) On I-130, would it be a problem if we both have different addresses put on the form. Her address would be of TX where she lives with her parents and mine would be of OH where I live with my brother.
4) on I-765, which USCIS office should I select to send this form to? Theres a question that simply says, "Which USCIS office?"
5) Im sure i know but to double-check, my F-1 visa is not valid as soon as USCIS receives my application, right? And I can stay legally in the US till my I-485 gets approved?

Apologies for being annoying and for making it really long!

Thanks in advance for all your help!
 
Why don't you wait to file until you start living together, wherever that will be?

As long as you made a lawful entry, you can file as the IR (immediate relative) of a USC even after the non-immigrant status expires. It will be simpler to wait.

Anyone who files an I-130 will have to file an I-864 even with zero income. Certain situations allow for a a substitute sponsor if the petitioner dies (the spouse of a USC is not one of them). A widow(er) converts to an I-360 or the I-130 is reinstated.

In your situation, she files the I-130. She can file as soon as you get married based on her address. You can wait to file all the rest until it is approved. IF you have CPT or OPT as an option to bridge the gap, use it. Just make sure that you do not wait longer than 180 days (6 months) to file for adjustment after falling out of status or else you will not be allowed to travel abroad until you get a greencard.

In the alternative, she can file the I-130 and you can file for adjustment concurrently. Concurrent filing is not mandatory and sometimes impractical.

The adjustment package needs the I-485, I-765 and I-131 (all for a single fee). You also need supporting evidence as required by form instructions (read instructions). She files the I-864. Any joint sponsor also files the additional I-864.

You need to do some more research on the proper procedures as they apply to your situation.
 
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