I just married an F-1 visa holder in her grace period... now what?

C

crybllrd

New Member
I married my girlfriend of three years last weekend and am wondering what steps I need to take to be able to keep her here.
She is Taiwanese and her F-1 student visa expires in mid February.
We are not too concerned with permanent residency, citizenship or green card right now as I intend to move back to Taiwan with her after I finish my Masters in a few years.
She is already planning to return to Taiwan when her visa expires.
Are there any visas she can get to stay with me now, or is green card the only route we can take?

Thanks in advance
 
Are you an F-1 student also? If so, she can change to an F-2.

You have not provided much information to work with.
 
Sorry for the lack of info.
I am an American, so I am not on a visa.
I have been searching online for an answer, but this immigration business is daunting and I became overwhelmed quickly. Let me know if I can explain our situation more clearly.
 
crybllrd said:
I married my girlfriend of three years last weekend and am wondering what steps I need to take to be able to keep her here.
She is Taiwanese and her F-1 student visa expires in mid February.
We are not too concerned with permanent residency, citizenship or green card right now as I intend to move back to Taiwan with her after I finish my Masters in a few years.
She is already planning to return to Taiwan when her visa expires.
Are there any visas she can get to stay with me now, or is green card the only route we can take?

Thanks in advance
Click to expand...

In order for her to remain legally in the U.S. after completeing her course of study on her F-1 visa, she needs to obtain a new visa, either nonimmigrant or immigrant. If she has a job offer and a willing empployer to sponsor her for a worker visa, she could pursue that, but it is not easy.

You are a USC and she is a nonimmigrant who made a lawful entry into the U.S. You qualify to file an I-130 petition for her (along with forms G-325A for both of you). She qualifies to file for adjustment of status (AOS) with USCIS (forms I-485, I-765, and I-131), if otherwise eligible*.

You as her petitioner would be required to file a form I-864, Affidavit of Support, and show sufficient income so that she would not become a "public charge". The minimum income requirements are explained in form I-864P. If you cannot meet the income requirements then you can add hers AFTER she gets work authorization AFTER filing for adjustment of status OR if she is working as part of her student Optional Practical Training, if any. If relying on her income you can hold back on the I-864 until later in the process. If somone is willing to help you out on that aspect they may join you as a joint sponsor (or co-sponsor if living in the same household) as long as that person is a USC or LPR.

Since the marriage is new, she would get a conditional greencard, good for 2 years. Within the last three months of her conditional greencard status, you guys file a form I-751 to remove her conditions. When the conditions are removed, all her greencard time counts towards naturalization. She would be eligible to file for naturalization after being a greencard holder for 2 years and 9 months as the spouse of a USC, if otherwise eligible*. N-400, Application for Naturalization, may take 4 to 6 months from filing til Oath in most cases. You said that you still have a few years of study yourself.

* if otherwise eligible means fully admissible and meets all other requirements (no disqualifying criminal record, sufficient physical presence, sufficient continuous residence, no immigration fraud, etc...)

Go to www.uscis.gov
 
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Thanks for the information.
We will most likely take the I-130, Petition for Alien Relative route.
For continuous residence, she has only been here for about 6 months on her F-1, she had a past J-1 in which she stayed another 6 months, and a B1/B2 for a month.
These were all separate occasions.
How long is required for continuous residence?
 
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crybllrd said:
Thanks for the information.
We will most likely take the I-130, Petition for Alien Relative route.
For continuous residence, she has only been here for about 6 months on her F-1, she had a past J-1 in which she stayed another 6 months, and a B1/B2 for a month.
These were all separate occasions.
How long is required for continuous residence?
Click to expand...

Continuous residence as a greencard holder is what counts towards naturalization, nothing else.

You mentioned a prior J-1. Look at that J-1 visa, does it say that she is subject to INA 212(e) 2 year home residency requirement or no?. If yes, has she either completed the 2 years or obtained a J-1 waiver from the State Department? If subject, then either fulfillment or waiver is required in order to adjust status to LPR and certain other non-immigrant visas (like H1-B). SEE: http://travel.state.gov/visa/temp/info/info_1288.html
 
crybllrd said:
It specifically says NOT subject to section 212(E) two-year rule.
Click to expand...

Then that makes things easier.

Another consideration is your future plans in Taiwan. As a USC, if your reason for going abroad qualifies under INA 319(b), she can qualify for expedited naturalization in case she has not got enough time built up to apply under INA 319(a). Look those sections up at www.uscis.gov on the laws tab.
 
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