Hi All,
Am new to this site and have read a lot of posts, and some seem very clued up, so I thought I might be able to get some heads up before I contact INS etc.
I am currently here in the states on a student (graduate) visa, however, I don't wish to finish the course but want to stay in the US. My girlfriend is American and we have been together a couple of years. Does anyone out there know if it would be difficult changing status if we were to get married?
I would appreciate any help,
Thanks,
chelseafan
Welcome to British Expats, Chealsea(cough)fan!
It should be fairly straightforward to adjust status once you are married. I'm assuming that you don't have any home residency requirement with your student visa?
All you do, once you have your marriage certificate, is file an I-130 immediate relative petition and I-485 Adjustment of Status papers with your local office of the BCIS (new name for INS). The specific procedures for filing, whether walk-in or by post, are dependent on the office in question. Check out the "field office" section of http//www.immigration.gov
You'll probably want to work, so you'll need to apply for an Employment Authorisation Document at the same time, and if you want to leave the US while your case is in progress, Advance Parole (once you abandon your student status). Along the way, you'll be prompted to appear for fingerprints and a medical exam, but other than that, it's just a case of waiting it out.
If you have any problems in your past, such as a criminal record, you will probably want to consult a lawyer before you proceed with anything that's irreversible.
Ameriscot is right, it really is that straight forward, just for reference the emplyment doc is called I-175, it takes about 3 months to process but will be more likely two. If you guys are serious about marriage i would do it quickly as the wait on the paperwork is the hardest.
One other point i would like to bring up is the financial aspect, contrary to what the ins website says you do not have to qualify for the 125% financial bracket until a years time from when you file. If it is just the two of you its about $18,700 that your girlfriend (then wife) has to meet. But you still have to fill out the financial affidavit, and file that at the time of filing even if you don't meet the 125% pverty line. hope this makes sense. I mention this as both me and my wife where fretting over this and we finally mananged to meet the 125% and when we went to file the ins official told us we had a year to show that my wife made enough, typical hey.
<font size=-1>[ This Message was edited by Luked on 2003-04-16 1858 ]</font>
cheers for the replies guys. Makes it somewhat clearer to me. I understand the financial part a bit, think I've heard about it before. However, my girlfriend is starting back at college so the finance part will be tough to prove. Is it possible to have her family sponsor some part of it?
As one Chelsea fan to another .. Welcome to the board ..
UP THE BLUES ..... smile razz
yes its is possible to have her family sponsor you, although she would still have to fill out an affidavit of support even if she doesn't financially qualify. now if you both lived with her family they would have to fill out a co-sponser form. which means that her and her family are jointly sponsering you. i know this sounds complicated, but its not too bad, i would go to http//www.nolo.com and order an immigration book from them, they tell you specifically how to go about it from start to finish.