Pelase HELP! I Need A Good Guidance Before I Get To Start My Process!

binkansas

New Member
Hello everyone! My name is Bin. I need help in my situation. I've read a lot of stuff on the internet and the forums to find out what the best way for me to follow is, but I couldn't come to a clear conclusion. Any help is so appreciated. I'll explain my situation in the below. Hopefully somebody will help. Thank you already!

Here's my situation:

I am on a M-1 visa. This is my 3rd year in the States. My school is on a vocational school status (A Bible Collage). I am allowed to extend my visa only two times since the M-1 visas are only for 1 year. I've already extended twice. My school is for four years. My status of stay expires this summer. And I will have to leave the country in June 2014 to re-apply for a visa, therefore a new I-20, to complete the 4th year in collage. This is my current legal condition.
However, I have met my girlfriend a year ago and we've been together for six months, and now I'm planning to propose her, very soon. And she knows about all my situation. Here's what we are thinking to do, also for which we need help.
We plan to legally get married, and start the Adjustment of Status Procedure. As much as I've learned from the internet, If we do that, then I can have my status changed and then be able to stay here without having to leave the country. As an M-1 holder, I am not allowed to work and I'm currently living off of support by my friends and sponsors. That's why I don't have enough money to arrange a wedding. So, we're just going to marry without having a wedding. We want to do this because it is a way better option for us as far as the finance and the cost of going back to my country, re-applying for visa, coming back and still having to do the same thing, are concerned. But I have some questions at this points.

1. If we get married in March or early April, and then begin the process right away, would that give me enough time to process my application for AOS (I-130 and I-485) and have my status change before my visa expires and I have to leave the country, which is on June 15th?

2. Do I actually get to fill out the forms I-130 and I-485 and mail them together at the same time?

3. How long does it take to get approved for I-130 or I-485 that also gives permission to stay in the States on that status even though my current M-1 visa will expire in June 2014?

4. If I have my status change and get approved for whichever form, can I travel outside the USA during the process? If yes, then with which visa or status will I be able to re-enter the US?



After all, all I want is just get married and change my status based on marriage so that I won't have to leave the country and spend an extra nearly $3000 by going to my country and apply for a new visa. But all needs to be done before June 2014. Do I have enough time for all that?

Please share your thoughts and advice. I need to make a decision very very soon on which way I will follow. And start support-raising towards that path. If you need me to give more information, I can. Thank you for your help!!!


Blessings.
 
1. Once you marry and USCIS acknowledges receipt of the I-485, you will be immediately allowed to stay in the US legally until the case is decided, regardless of whether your M-1 expires. That includes being allowed to study (you'll have to show the school your I-485 receipt or green card itself to prove to them you're still legally present after your M-1 expiration). However, to work legally you have to file I-765 (either together with or after your I-485 filing) and wait for the employment authorization card to be issued, which takes 2-3 months.

2. Yes, both I-130 and I-485 can be filed at the same time if she is a US citizen. Note that she fills out and signs the I-130, and you sign the I-485. You also file the I-131 and I-765, not her.

3. The entire I-485 process based on marriage to a US citizen normally takes 3-6 months. But you become eligible to stay legally with the initial processing, as explained in point 1.

4. To travel outside while the I-485 is pending, you need Advance Parole. You apply for it with form I-131 (simultaneously or after your I-485), and its approval takes 2-3 months. There is no additional fee for I-131 or I-765 if filed pursuant to an I-485.
 
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