In the US on a student visa

[shyaushu]

A Chinese friend of mine is in the US on a student visa and she is thinking of marrying an American. Will she have to return to China and go through "the process", just like everyone? I suppose she will be seeking a CR-1 so will her husband have to submit an I-130, pay all the fees, complete the I-864 and then have her interview in Guangzhou, etc.?

 

If she must return to China to change her visa will she be able to remain in the US until she finishes her studies or will she have to return to China as soon as her husband applies for the CR-1? She is currently here on an "F-1" visa.

 

She asked me, and I really wasn't sure of the answer.

[Joanne]

A Chinese friend of mine is in the US on a student visa and she is thinking of marrying an American. Will she have to return to China and go through "the process", just like everyone? I suppose she will be seeking a CR-1 so will her husband have to submit an I-130, pay all the fees, complete the I-864 and then have her interview in Guangzhou, etc.?

 

If she must return to China to change her visa will she be able to remain in the US until she finishes her studies or will she have to return to China as soon as her husband applies for the CR-1? She is currently here on an "F-1" visa.

 

She asked me, and I really wasn't sure of the answer.

 

As I understand, they should be able to apply for adjustment of status in US.

[lostinblue]

Wally everything boils down to intent.......when she entered the country with the visa she has. This has been debated a great deal on visa journey...If she or he entered the country with no intent to marry (go to school) and while she is here she decides to marry there is no fraud involved. She can marry and file the paperwork here and stay with no problem. From what has been discussed on visa journey it is best to be in the country more than 3 months before that decision is made to marry or it will raise eyebrows.come AOS time.If she entered this country with the intent to use the student visa to marry then fraud is involved. Of course she could get married here and go back to china and wait out the process there. Do a search on visa journey it has been discussed more than anything else at times. Every thing boils down to the intent entering the country.One example on visa journey was a student got married while in the US which was legal. She then returned home and entered again after vacation using the student visa . That was not a legal use of the student visa. She had plans to stay. She could get turned away. It is a grey area in dealing with the law. it all boils down to the intent the visa was used for. They could ask a lawyer to be certain.

http://www.visajourney.com/forums/index.ph...mp;#entry755342

Edited January 12, 2008 by lostinblue (see edit history)

[dnoblett]

If her origional intent for the student visa was study, NOT immigrations, and she found someone that she wants to marry, then there is no problem with adjustment of status.

 

The process is much like adjusting from a K-1 or K-3, however an I-130 + Fee must be included in the same envelope as the I-485 and everything sent to the Chicago PO Box.

 

VJ has a guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

 

I-485 is checked "a" based on immediate visa number made available by the included I-130.

[annapolise]

Hi,

you can ask her to send an e-mail to AmericanStarVisa@yahoo.com

they are good legal service company in USA, they helped me with my paper, i was approved for green card with no problem, as what i understood she can stay and prepare for the paper work,but i guess you'd better ask some legal advice.

bye