Unsure of Status/Visa

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xHeavYx

New Member
Hello everyone,
Apologies if this is posted in the wrong section.
My fiancee came to the US on a work visa, then she changed her status to international student and this expires in June 2025. We are planning on getting married within 2 months.
Apparently because of the change, she only has a status and not a visa. Is this correct? What kind of form would I need to fill after we get married? Is there a chance that she'll need to leave the US momentarily?
Thanks in advance for the responses.
 
Yes, that’s correct, but it makes no difference to your current situation whether she is on a status she entered using a visa or on the one she changed to. There is no need for her to leave the US, assuming you are a US citizen, as you can file i130 (to petition her for a green card) and i485 (to adjust her status to that of permanent resident) concurrently once you are married. If you are a green card holder it will be slightly more complicated.

www.uscis.gov

Petition for Alien Relative

Use this form if you (the petitioner) are a U.S. citizen, lawful permanent resident, or U.S. national and you need to establish your qualifying relationship with an eligible relative (the beneficiary) who wishes to come to or stay in the United States permanently and apply for the Permanent...
www.uscis.gov
www.uscis.gov

Application to Register Permanent Residence or Adjust Status

Use this form to apply for lawful permanent resident status if you are in the United States.
www.uscis.gov
 
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