F1 Visa to GC status change Process

S

Slaghead

Registered Users (C)
Hello,

I have been in contact with my girfriend for about 3 years. She came to the US on an F1 visa last December for an MBA program. She went to school in Dallas and I am in Oregon. She has come to visit me since she's been here and we want to get married and change her status to get a green card. I tried calling USCIS customer service and they just told me to fill out forms I-485, I-130, G-325, I-693, I-864, I-765 and that the local office, presumably the one here in Portland, would call for an interview. She would come to live with me except then she would be out of her F1 status. Searching the USCIS website only yields lists of forms and I can't seem to find how the actual process would work.

In short, what is the process in this circumstance and is there a place that outlines the process for what I expect is a fairly common circumstance and also are there any pitfalls I should be aware of?

For the record, I'm a native US citizen.

Any help would be appreciated. Thank you, Tim
 
hi,
I'm not the expert, not the loyer, and my English isn't the best. But I've got here (to US) on F1 visa and I married US cittzen. Although I did decide not to attend to the school, I still applied for my adjustment of status. I'm in the process now.
I've got my EAD (I-765 form).I'm going to capture 2nd fingerprints this Wed (I-485). Than I expect the interview notice. (who knows when?..::))

If you want to get married you should do that, I think. It doesn't matter if you're in the diffrent city than her. Reading this forum posts, I found many married people living other cities, working diffrent places and still appyling for green card. If you love sb, and you want to be with that person, it dosen't matter! At some certain ponit of your life everone does what has to do! And that's it! Specially when it goes about immigrants life- many thinks goes diffrent, even abnormal way. Becouse of the law....and etc

Anyway...I recomend to go to the court and get married. Than simply prepare the documents. As they told you:
I-485 (with G-325A her & yours, + I-693 + I-864 +additional documents),
I-130 (with G-325A yours & her, and additional documents),
and I-765 (with additionla doc.).
And than Just send it! I did it without the loyer, even though I DID broke the law 'couse I didn't go to the school. And I'm on my way:))))
Any other questions...let me know
dula
 
I was on the case from F-1 to GC too. not a lawyer, not an English expert.
In my opion, you can get marry at anytime you want, as long as when your girlfriend still on legal status.
Then send out all the forms as Dula said.
But for the I-693, I am not sure send in with I-485 or bring in at your interview. Because I brought in on my interview, and I kind remember on I-485 form instruction says if family-base, should do so.
Anyway, read the currect version instruction carefully, or call the 800number to verify.
I-765 for working, I-131 for travel.
To love who you loved, don't worry about the paperworks, everything will be fine.
Congrats!
 
wanzi said:
But for the I-693, I am not sure send in with I-485 or bring in at your interview. Because I brought in on my interview, and I kind remember on I-485 form instruction says if family-base, should do so.
Click to expand...

I-693 goes with the I-485 else you can definitely be sure to expect an RFE which would put your case processing on hold till you respond to it.


Slaghead, If you havent already done so, you can get more information here...
http://uscis.gov/graphics/services/residency/family.htm

More reading...
http://www.kamya.com/intro/f1.html#exp
 
wanzi said:
I guess CIS might changed now, anyway, send in more documents always better than less.
Click to expand...

wanzi, it is clearly mentioned in the instructions of the I-485 asking you to send in the I-693 along with the completed I-485.

Before the lock box process was implemented, the family based applications were sent to the DO and the DO would let you know if the medical was needed with the application or at the interview. With the lockbox process, you need to send it all at the same time.
 
Hello all,

Thank you for the words of encouragement. And thank you ari4u for those links. From what I have read though, my girlfriend will have to stay in F1 status until the interview and that takes anywhere from 9-12 months to happen? That means she'll be in Dallas all that time? Wouldn't it be faster to have her go back and come in on a K1 (or whatever it is)? Unless, of course, a school here would be willing to accept her on a transfer. Despite, dula's strategy of just being out of status, I don't think I could get my girlfriend to consider that.
 
Slaghead said:
Hello all,

Thank you for the words of encouragement. And thank you ari4u for those links. From what I have read though, my girlfriend will have to stay in F1 status until the interview and that takes anywhere from 9-12 months to happen? That means she'll be in Dallas all that time? Wouldn't it be faster to have her go back and come in on a K1 (or whatever it is)? Unless, of course, a school here would be willing to accept her on a transfer. Despite, dula's strategy of just being out of status, I don't think I could get my girlfriend to consider that.
Click to expand...

Being the spouse of a USC, illegal stay would be forgiven. But would she incur illegal status? I dont think so. As per what you wrote, she is still on a valid F-1 and after you get married and file the GC application, she would lose her F-1 and her status would automatically change to a legal status called "Pending AOS" (she cannot be on a non-immigrant visa when she has applied for immigration).

At this point she could come and live with you in Oregon without a problem. As far as continuing and completing her education or transferring to another college in portland, im not sure if "Pending AOS" status would permit her to do that. Ill let the F-1 experts here answer that question for you :)
 
F-1 question

Ok I hope this will answer your question about F-1 and AOS and joining class

I came to law school on F-1 and during summer while interning at a law office I met my GF now wifey :) , she is a fellow law student. so I got married to her and will be changing schools (aka going back as GC pending) so we can be closer now.

So I went from F-1 to AOS. but right now I am out of school . So when I join I have two options.

I can again ask for an F-1 Visa untill I get my GC or I can show them my paper and be a non-matriculating student until I get my GC. It doesn’t matter what your visa status is for your degree.
 
bps01 said:
I can again ask for an F-1 Visa untill I get my GC or I can show them my paper and be a non-matriculating student until I get my GC. It doesn’t matter what your visa status is for your degree.
Click to expand...

Your non-immigrant student visa would most likely be denied because you demonstrated immigration intent by filing for GC. If i were you, i would be careful and talk to a lawyer first before i do anything like this.
 
ari4u said:
Your non-immigrant student visa would most likely be denied because you demonstrated immigration intent by filing for GC. If i were you, i would be careful and talk to a lawyer first before i do anything like this.
Click to expand...

You can be on an F-1 Visa and have the AOS process going for you. Once a new A# has been assigned by I-485 then you F-1 visa expires as you cannot have 2 immigration status at the same time.

So you can be on F-1 till you get your I-485 approved
 
You guys are being so helpful. It's not much of a deterrent to continue asking questions.

Ok, so what about work status. I know that one of the forms, I-765 I believe, is an authorization to work. If she comes here, she will want to start working right away so she can pay off her student loans. Does this get approved so that she can legally work while the GC process is on-going?
 
bps01 said:
You can be on an F-1 Visa and have the AOS process going for you. Once a new A# has been assigned by I-485 then you F-1 visa expires as you cannot have 2 immigration status at the same time.

So you can be on F-1 till you get your I-485 approved
Click to expand...

A# is generated when your I-485 is entered into the USCIS system. Your first NOA for I-485 would have your A# printed on it. This means your F1 becomes invalid when you submit your I-485 as you demonstrated immigration intent. Also, F-1 is not an immigrant status, it is rather a non-immigrant visa, so the question of having two immigrant status does not arise.
 
Slaghead said:
You guys are being so helpful. It's not much of a deterrent to continue asking questions.

Ok, so what about work status. I know that one of the forms, I-765 I believe, is an authorization to work. If she comes here, she will want to start working right away so she can pay off her student loans. Does this get approved so that she can legally work while the GC process is on-going?
Click to expand...

Yes. You can apply for I-765 (EAD) along with the I-485. The EAD should get approved in ~30-90 days and she can start working once she receives it.
 
f1 to LPR

Once you file a i-485 you are allowed to stay no matter your status is until the i-485 is processed and a decison is made.

She can only start working when she gets her EAD(I-765) which will take about 1-3 months after notice date.

If you dont want any problems get married before her F-1 is terminated which will happen if she leaves the school. She can leave the school after filing i-485.

You have 180 days to file i485(and get notice) after f-1 is terminated otherwise she has to leave the country
 
dBIR said:
Once you file a i-485 you are allowed to stay no matter your status is until the i-485 is processed and a decison is made.

She can only start working when she gets her EAD(I-765) which will take about 1-3 months after notice date.

If you dont want any problems get married before her F-1 is terminated which will happen if she leaves the school. She can leave the school after filing i-485.

You have 180 days to file i485(and get notice) after f-1 is terminated otherwise she has to leave the country
Click to expand...


Does this means F1 student, once in USA can mary LPR and need not worry even if F1 is expired along with course completion? Can they still continue to stay in USA since 485 is in progress with out any fear of illegal status?
 
GC Guy said:
Does this means F1 student, once in USA can mary LPR and need not worry even if F1 is expired along with course completion? Can they still continue to stay in USA since 485 is in progress with out any fear of illegal status?
Click to expand...

that is correct. You are allowed to stay while your i485 is being processed and a decision is made. she can also apply for AP(Advance parole) in case she has to leave the States in case of an emergency and come back without dealing with visa, any way she cannot apply for a visa while i485 is under process.
 
Be aware of traveling. For people who overstay their status can be bar for 3/10 years. Check the warning of Advance Parole. Other thing, check when a person in F1 status really gets out of status.
Good luck,
 
Thanks for the update.What are the applications F1 student needs to make after marryhing LPR? I am aware of I130, does I485 has to be file along with I130?
 
For GC guy

dBIR,
Did you notice that GCGUY is LPR status?.

To GCGUY:

No, your spouse cannot file I-485 until her F2A priority date is current or you become USC. Your spouse must maintain her legal non-immigration status and pay out-of-state tuition in the most states if she is under F-1 student status during wait time. your spouse may have difficulty to receive any non-immigration visa due to immigration intend if she lives abroad after you file I-130 unless she applies H-1 or L-1 visa.

If your spouse falls out of status and you are still in LPR status, she will not be able to file AOS in the U.S. even after her priority date becomes current and 3/10 ban might apply to her unless she is eligible for 245i. If she has D/S status, there is a leeway to avoid 3/10 ban, but I do not want to go for details. the only option for her would wait you to naturalize and not leave the country. Please carefully plan you and her future and read laws on USCIS website. Sometimes a mistake can cause a deep grieve than you can bear.
 
Last edited by a moderator:
You must log in or register to reply here.
Top