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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default U.S. Citizen Marrying a F-1 Visa Holder

    Hi All - I was hoping for some initial guidance to my current situation. My Fiance has been a valid F-1 visa holder in the US for the past 6 years - currently she expects to finish her PhD in two years time. I am a US Citizen by birth. We met two years ago in Hong Kong and are planning to get married in Hong Kong in January, 2013. I would like to eventually apply for an AOS for her to become a GC holder, but want to make sure I go about the process properly. Some questions are:

    1. We currently are planning to get married in Hong Kong as she is a resident there. Should we get married in the USA first prior to the marriage in Hong Kong, or should we just have the US embassy/consulate in Hong Kong officiate the marriage?
    2. When we get married, is there a requirement that she needs to change her Visa Status from F-1 or notify USCIS of the marriage (either if we get married in the US and/or Hong Kong)? If not, we may want to wait until later next year when we are both less nomadic and can stay in the US for the period of time required to support the process.
    3. My faince needs to return to Hong Kong every year to keep her visa active, and depending on the dates we apply for an AOS for her, she may need to leave the country during the process. Mid-process in AOS, can she be granted a permission to travel out of the US, and if so, does she returning on the F-1 Visa or the AOS in process?
    4. Any guidance on the forms to be submitted? I have heard that for an F-1 visa in country that all forms can be submitted simultaneously. Does anyone have a list of all the forms that are required? I gather from searches online that we would want to submit an I-485, G-325A, I-864, I-765, I-131, and I-130.
    5. Any other tips and guidelines to make the process smooth for us? Currently we do not yet live together (she's a few hours away in school) or share a joint account of any kind. I do possess enough money to support us and am able to obtain affidavits from friends and family confirming the extent of our relationship.


    Thanks all!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: U.S. Citizen Marrying a F-1 Visa Holder

    Yes, to make it really smooth get a lawyer.

    Once married she should not enter on a non-immigrant visa. You should file an I-130 for a CR1 visa.
    Lying on intent with an F1 visa will not make things easier.,

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