Marrying before my oath ceremony!!

J

jeno1000

Registered Users (C)
hi folks
i passed my interview succefully on june 20 in memphis. No news yet of oath ceremony. And am getting married aug 12. Fiancee is already here . Been here for 2 years on student visa. What do i need to remember? Can i file i 130 and then file to adjust status 485 after my oath ceremony. i guess its not technically legal for her to stay is it. Her student visa expires 2007. But after marriage she intends to drop out of school for a year. So will that make her out of status. Kindly suggest as to whats my best plan of action. Still get married or is that a strict No at this time.
thanks
 
jeno1000 said:
hi folks
i passed my interview succefully on june 20 in memphis. No news yet of oath ceremony. And am getting married aug 12. Fiancee is already here . Been here for 2 years on student visa. What do i need to remember? Can i file i 130 and then file to adjust status 485 after my oath ceremony. i guess its not technically legal for her to stay is it. Her student visa expires 2007. But after marriage she intends to drop out of school for a year. So will that make her out of status. Kindly suggest as to whats my best plan of action. Still get married or is that a strict No at this time.
thanks
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She should continue with her Student status until you become a USC and file for her. Dropping out will make her illegal. In average it takes 2 months to get the oath letter. Has your name check cleared?
After you become USC, you should file I130 & I485 together. This will make process simpler.
Marrying right now won't create any problem.
 
follow up question

dont know if name cleared yet. But i can still file 130 now right after marriage and wait and file 485 ltr after usc comes thru right. if shes not in status for a couple of months would that pose a big problem later. If filing separately for 130 and 485 will it delay or adversely affect the filing process.
thanks
 
To Jeno1000 - Where in TN?

Hi there,
Where do you live in TN? If you are from east TN, there should be a ceremony in Knoxville on August 19th. Just FYI.
 
jeno1000 said:
dont know if name cleared yet. But i can still file 130 now right after marriage and wait and file 485 ltr after usc comes thru right. if shes not in status for a couple of months would that pose a big problem later. If filing separately for 130 and 485 will it delay or adversely affect the filing process.
thanks
Click to expand...
You should have asked about your name check during your interview. What did the officer said at the end?
You can file I 130 right now. I did the same thing but then once you become a USC, you will have to upgrade your I 130 and God knows how long it will take. I would suggest since you are so close to become a USC, wait and file I130 & I485 together. Filing I130 rightnow won't benefit anything.
On USCIS website, they says that overstayed is forgiven for spouse of USC who has entered in US legally. The thing is if she over stayed and then you file for her GC then she won't be able to leave US until she get real GC since she won't be eligible for AP. And according to timeline for Memphis office, it takes 2 years to get the GC. Is she ready for not to fly out for that much long period of time??
 
no actually she might have to go out of country next year. So we cannot get advance parole if she overstayed her student visa? Are you referring to the conditional GC that will take 2 years? I was wondering how they would know if she was out of status on her student visa if her passport is stamped till 2007.
The only reason i wanted to file 130 was to give her some leg to stand on before i become usc and before she could be out of status on her F1. Is there any way a student can take a semester of and still remain the country. Is pending 484 and 130 application not good enough reason to stay in some kind of status. I know its a ton of questions but any feeback and suggestions would be much appreciated.
ps: i am in memphis. Have no idea when my oath is...and yeah i know i should have asked abt name check at the interview but forgot. How do i check that now!
 
forgot to answer your question there..after the interview the officer said congrats ...and u should receive an oath ceremony within 6 months.....!! he said its usually quicker but they have to say 6 months. I was given the paper where its ticked off sayin u passed and all that good stuff.
On what u mentioned previously if i become a citizen and then file for her 130 and 485, and say she overstayed 2 months on her student visa ,will she not be eligible for advance parole and whens the earliest she can leave the country for a short time.
 
I just asked my husband how this Student visa works since he came on student visa. He said once you drop the school, school will notify about it to INS and that will make you illegal in their system too. Also he told me that it is mendatory to take classes in Fall and Spring Semester for a Student visa holder. If you have lived here illegally and if you leave the country, it will trigger ban of 3-10 years.
Right now Memphis office is working on March, 2003 file for I485. So according to that it will take 2 years to get a conditional/unconditional GC unless some miracle happen and they work fast.
I130 won't give her any status. She will still have to maintain her status until you become a USC and file for I 485. Pending I485 give her status but not I130 alone.
PLEASE DO NOT LEAVE THE COUNTRY IF YOU HAVE OVERSTAYED EVEN IF YOU HAVE PENDING i 485. If she overtayed then earliest she can leave the country is when she get her GC.
My local DO is Memphis too. I got my oath letter after 2 months of my interview. I would suggest to visit your local DO and make sure about your name check. So if it is not cleared you can start working on it.
Feel free to ask any Qs.
 
jeno1000 said:
no actually she might have to go out of country next year. So we cannot get advance parole if she overstayed her student visa? Are you referring to the conditional GC that will take 2 years? I was wondering how they would know if she was out of status on her student visa if her passport is stamped till 2007.
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F-1 passport stamp has D/S also written. That means Duration of Status. i.e. as long as you maintain the student status, you can stay in the US legally. If she stops maintaing the student status, passport stamp until 2007 does NOT make her stay LEGAL. Passport stamp until 2007 only allows her to apply for reentry at the POE as long as she is maintaing the student status.

jeno1000 said:
The only reason i wanted to file 130 was to give her some leg to stand on before i become usc and before she could be out of status on her F1.
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You Cann't. Even if you file I-130 as a PR, she still needs to maintain her individual status.

jeno1000 said:
Is there any way a student can take a semester of and still remain the country.
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Check with her school's International Student Office.

jeno1000 said:
Is pending 484 and 130 application not good enough reason to stay in some kind of status.
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NO. Only when you file as a US citizen, she is eligible for EAD and stay here legally without maintain her immigration independantly.
 
Last edited by a moderator:
jeno1000 said:
forgot to answer your question there..after the interview the officer said congrats ...and u should receive an oath ceremony within 6 months.....!! he said its usually quicker but they have to say 6 months. I was given the paper where its ticked off sayin u passed and all that good stuff.
On what u mentioned previously if i become a citizen and then file for her 130 and 485, and say she overstayed 2 months on her student visa ,will she not be eligible for advance parole and whens the earliest she can leave the country for a short time.
Click to expand...

After she get her I-485 approved (green card) and get her passport stamped. This can be from 6 to 9 months or more depending on where live.
 
thank you folks for all the info......so given the situation the best thing for me to do is
wait till usc comes thru and then file 1 130 and 485 simulataneously
in that case will getting married earlier than usc matter....i would not think so...?
also if she does drop out and is out of status for a little while then worse case scenario is she cant leave the country till GC which could be 2 years. Hope fully my oath comes in before mid august then everythin will be fine. Is there anything i am missing ..would i need to get a lawyer or can i file those papers myself. {130,485,AP etc}
 
jeno1000 said:
thank you folks for all the info......so given the situation the best thing for me to do is
wait till usc comes thru and then file 1 130 and 485 simulataneously
in that case will getting married earlier than usc matter....i would not think so...?
also if she does drop out and is out of status for a little while then worse case scenario is she cant leave the country till GC which could be 2 years. Hope fully my oath comes in before mid august then everythin will be fine. Is there anything i am missing ..would i need to get a lawyer or can i file those papers myself. {130,485,AP etc}
Click to expand...
Getting marry before oath won't matter. You can file those papers by yourself.
 
hey folks
when u say "PLEASE DO NOT LEAVE THE COUNTRY IF YOU HAVE OVERSTAYED EVEN IF YOU HAVE PENDING i 485. "
that makes a lot of sense. but if she has overstayed and has AP then can she go. Or does the overstay make her ineligible for AP. where can i get some more info on this or could you clarify that please.{this is all assumming usc for me and then my filing for her AP alongwith 485}
 
jeno1000 said:
hey folks
when u say "PLEASE DO NOT LEAVE THE COUNTRY IF YOU HAVE OVERSTAYED EVEN IF YOU HAVE PENDING i 485. "
that makes a lot of sense. but if she has overstayed and has AP then can she go. Or does the overstay make her ineligible for AP. where can i get some more info on this or could you clarify that please.{this is all assumming usc for me and then my filing for her AP alongwith 485}
Click to expand...
Overstaying will make her ineligible for AP. It is written on form itself. http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf
Also if you want to know more about Family based GC please visit http://boards.immigrationportal.com/forumdisplay.php?f=39 forum.
 
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