F1 student getting married to US citizen - do I have to go back?

Question

I am an F1 visa student. My boyfriend, who is a US citizen, and I are looking to get married in March of 2009. We will file the paperwork to obtain the permanent resident status for me in the same month. I know it would take 8-12 months for them to schedule an interview to approve the greencard. The problem is: I will graduate from college in June of 2009, only 3 months after the marriage date. After I graduate, there is still about 5-9 months to go before I can get the interview. My question is: during that 5-9 months, do I have to go back to my country and then try to come back in the US to have the interview? Does anyone know how that work?

Answer 1

My wife and I had this situation and she was not allowed to leave the country without an advance parole. It worked (been married xx years, she would kill me if I say how many!). Good Luck!

Answer 2

You're in luck.  You can stay.

After you get married your husband will file... I-130, I-864 and G-325A.

You will file I-485, I-131, I-765 and G-325A.

You file everything at the same time, in the same envelope.  The total cost to file is $1,365.  You can stay while everything is being processed.

In about 90 days you'll get a work permit.

In about 6 months you'll have your interview.

In about a year you'll get your green card in the mail.

You can find the forms here.....

http://www.uscis.gov/portal/site/uscis/m...

If you have to leave while the forms are being processed you'll be okay.  The I-131 you are going to file will permit you to leave and then come back while the application's being processed.

Answer 3

As soon as you get married in March 2009, file all the forms, I-130, I-485, I-765, I-131. Once you receive the Receipt Notice of I-485, which will take about 1-3 months, your status become Pending Adjustment of Status. You will be legal until you go to interview even if your F1 expired.



If you want more safety net, file OPT 60 days prior to your graduation. Once you get approved while your waiting your AOS, you can work and prolong your F1 status. Good luck!

http://www.visajourney.com/forums/index....

http://www.visajourney.com/forums/index....

Answer 4

To make a long story short. If your F1 VISA is valid and you get married and you file your papers before your  VISA  expires technically your in process and you can WAIT in the country.