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  1. #1
    Join Date
    Jun 2007
    Posts
    1

    Default Adjusting Status From F1 After Marriage To A U.S. Citizen

    Hi all, new here! I am a Canadian citizen in the U.S. on F1 status. My fiance and I would love to get married but I was wondering how this might affect my ability to stay in school. I am under the assumption that one who marries a U.S. citizen while under F1 status simply has to apply for a Green Card and adjust status. Is this true? Will this detriment my studies. I am 2 years into my program and have 2 more years to go to finish my RN and I do not want to put my education on hold. I would like to finish school and not have to take a break to return to Canada, and if that was the case, I would rather wait to get married.
    My question is what are the actual steps for an F1 student to go through after marrying a U.S. citizen in order to obtain a green card. What forms or documents will be required if at all possible for me to stay put while finishing school?
    Any information will be greatly appreciated!
    TIA!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Adjusting Status From F1 After Marriage To A U.S. Citizen

    I believe you will find that as a condition of your student visa, you are required to return to your nation of origin at the conclusion of the visa and are ineligible to adjust your status based on marriage. With a letter from your government stating that they do not oppose adjustment of your status, you may nonetheless be able to proceed with an adjustment of status, but you may wish to check with an immigration lawyer.

    Above and beyond that, to adjust your status, follow these instructions from the USCIS.
    Quote Quoting Application Procedures: Becoming a Permanent Resident While in the United States
    If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:
    • Form I-485 Application to Register Permanent Residence or Adjust Status
    • Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.
    • Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)
    • Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)
    • Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)
    • Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)
    • Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?
    • Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record). See How Do I Get an Arrival-Departure Record? for more information.

    In addition:
    • If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by the USCIS.
    • If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions. For more information, please see How Do I Get an Immigrant Visa Number?.
    • If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
    • If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit USCIS Form I-643 (Health and Human Services Statistical Data).
    • If you are a Cuban citizen or native, you must use USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status) and submit evidence of your citizenship or nationality.
    • If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
    • If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
    • If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.

    Please note that there are certain eligibility requirements for using Form I-485 (Application to Register Permanent Residence or Adjust Status). Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo.

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