I am a US citizen thinking of marrying an international student on an f-1 visa?
If I marry her would she be allowed to stay? How could she get US citizenship? Or at least how could she stay legally without getting deported?
I've done a bit of research but it all seems very complicated and full of land mines that could get her deported.
Help please.
Anonymous2014-07-05T14:19:55Z
It's not easy. And a F-1 visa holder she will have to return home first. Then you can begin the process of applying for permanent resident status while she's there, but there will be a period of separation. F-1 visas are explicitly not an entry route to the USA.
Yes, she would be filing for Adjustment of Status (AoS), which is very easy. She would not become a US citizen, nor would you become a citizen of her country. She would not become a man, and you would not become a women either. Breath easily now!
No land mines. Once you got married, you'll for Adjustment of Status (AoS) with the USCIS.
The following forms are needed:
I-130 (Petition for an alien relative), I-485 (AoS), I-864 (Affidavit of Support), 2 x G-325a (biographic info for both of you), I-693 (the medical), I-765 (work permit—EAD), and I-131 (Advance Parole—AP).
The latter two are optional but FREE when submitted concurrently with the other forms what you need to do anyway, so absolutely file it.
Also needed is a check for $1,490. Personal check is okay and preferred as it allows you to trace when it was “cashed.”
After about 10 to 12 weeks she will receive a plastic card which now is a combination of work permit (EAD) and Advance Parole (AP). At about the 3 to 5 months mark, you two will have the interview. Thereafter she will receive her “conditional,” 2-year Green Card.