F1 Adjustment of Status by Marriage

[homerjay1011]

Hi everyone!

 

I just had a friend approach me about having his now fiancée becoming a permanent resident. She is currently here in graduate school with a student visa, but they plan on marrying and then filing for adjustment of status. I found this visajourney page and I’m wondering if it covers everything that they need to submit or if there’s something special about AOS with a student visa. The page also mentions that some people are ineligible to file an I-130 and could be considered fraud. I don’t think this applies to their case, but thought I’d check with y’all to make sure.

 

https://www.visajourney.com/content/i130guide2

 

Another thing is that she will graduate in May and was planning on using OPT to stay here longer. Would it be best to file for and receive the OPT before filing the AOS stuff? That way she could have permission to work before getting her EAD? Or does filing for AOS kill the OPT?

 

One final question is regarding getting her 公证书 and police records, how do they go about doing since she is in the states?

 

Thanks so much for your help everyone!! I’ll also direct my friend to this forum, I just wanted to get a head start on the questions and what he may need to do.

[Randy W]

The VJ pages are out of date. All information can be found on the new forms. Have him check the forms - information about filing for Adjustment of Status can be found in our AOS & Immigration Challenges forum.

 

If they met while she was already in the U.S. on the F1 visa, there shouldn't be any suspicion of fraud.

 

Her white books can be acquired in her home town, either in person, or by one of her family members. Contact the 公证处 to find out what they will need.

[homerjay1011]

Awesome! Thanks so much Randy!

[dnoblett]

I helped my wife’s niece adjust status from a student visa, it’s just a matter of filing an I-130 and an I-485 together at same time.